Sandhya Ramachandra Avale v. State Of Maharashtra, Through P.S.O. Sadar, Nagpur

1 aba573.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO.573/2015 Sandhya Ramachandra Avale ..Versus..

State of Maharashtra, through P.S.O. Sadar, Distt. Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 18.2.2016 Heard Shri N.R. Tekade, advocate for the applicant and Shri S.S. Doifode, A.P.P. for the non-applicant.

The applicant is seeking pre-arrest bail apprehending arrest in crime registered against her for the offence punishable under Sections 465, 468, 473 read with Section 34 of the Indian Penal Code. It is submitted that the applicant is an Advocate by profession and has no concern with the crime. It is submitted that the applicant is implicated only on the basis of statement of co-accused Arvind Natthuji Meshram. The learned advocate for the applicant has submitted that the applicant is not involved in any crime earlier and after Sessions Court granted ad-interim protection, the applicant has co-operated with the

2 aba573.15 investigation and has attended the police station regularly between 2nd October, 2015 to 26th October, 2015. It is prayed that ad-interim protection granted by this Court by the order dated 19th November, 2015 may kindly be confirmed.

The learned A.P.P. has submitted that the material on the record shows that she is involved in the crime. However, the nonapplicant has not controverted the submission made on behalf of the applicant that she is not involved in any crime earlier and that she had been co-operating with the investigation. The non-applicant has not been able to show that custody of applicant is required for further investigation.

I have rejected the application filed by co-accused - Sunil Chandrabhan Rangari for pre-arrest bail observing that Sunil Chandrabhan Rangari has taken a room on rent where the activities of preparing fabricated documents are going on. There is no such averment against the present applicant. Four co-accused have been released on bail.

Considering the above facts and that the applicant is a woman, in my view, the applicant is entitled for pre-arrest bail. Hence, the following order:

3 aba573.15 (i) In the event of arrest of accused in Crime No.290/2015 registered by the non-applicant, she be released on bail on furnishing P.R. bond in the sum of Rs.25,000/-.

(ii) The application is allowed accordingly.

(iii) No orders as to costs.

CRIMINAL APPLICATION (APPP) NO.1275/2015 In view of disposal of main application this application does not survive and is disposed of accordingly.

JUDGE Tambaskar.