Sau Sushma Narendra Kukade v. The State Of Maharashtra Through Pso Ps Akot City Tah Akot Dist Akola
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (ABA) NO.632 OF 2024 (Sau. Shushma Narendra Kukade Vs. The State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri C.A. Babrekar, Advocate for applicant Ms S.S. Dhote, APP for the State CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- OCTOBER 4, 2024.
Apprehending the arrest at the hands of the police, in connection with Crime No.58/2024 registered with Police Station Akot (City), District Akola, for the offences punishable under Sections 471, 468, 465, 420 read with Section 120-B of the Indian Penal Code, the applicant approached to this Court for grant of pre-arrest bail.
2.
The crime is registered on the basis of report lodged by Rupali Shyam Gawali alleging that she got acquaintance with present applicant in Swami Vivekanand School, wherein her daughter is studying. At the relevant time, present applicant informed her that there are vacancies in the Government job for the post of Security Guard and obtained Rs.75,000/- from her as well as Rs.75,000/- from the other prosecution witness, on the promise of providing job. Though she has accepted the amount, but she has not provided the job, on the contrary,
she has prepared forged documents. On the basis of said report, police have registered the crime against the present applicant.
3.
Learned Counsel for the applicant submitted that the present applicant has already deposited the amount of Rs.1,50,000/- which she has received. Thus, the object of securing the police custody is now not in existence. He submitted that as far as the cooperation with the investigating agency is concerned the applicant is ready to attend the concerned police station as and when required. He submitted that considering all these aspects she be protected by granting anticipatory bail. 4.
Learned APP strongly opposed the said application on the ground that by taking disadvantage of the unemployment of the informant and other prosecution witnesses, the amount is accepted and forged letters are issued to the informant and other prosecution witnesses. 5.
Considering the fact that it was alleged that the present applicant has obtained Rs.1,50,000/- which sahe has already deposited. As far as the custodial interrogation is concerned which is not required as the letters are already in the custody of the police. In view of that, the interim protection granted to the applicant deserves to be confirmed.
6.
Hence, the application is allowed. The interim protection granted to the applicant vide order dated 04/09/2024 is hereby confirmed on the same terms and conditions.
7.
The applicant shall attend the concerned police station once in a week i.e. on every Monday between 10.00 AM to 01.00 PM, till filing of the charge-sheet and shall cooperate with the investigating agency.
8.
The application is disposed of.
(URMILA JOSHI-PHALKE, J.) *Divya