Mrs. Vidhya Wd/O Govind Badwaik v. The State Of Maharashtra Through Pso Ps Hudkeshwar Nagpur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 729 OF 2024 Mrs. Vidhya wd/o Govind Badwaik Vs 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 Mr. Vishwajeet Sambre, counsel h/f Mr. R.R. Vyas, counsel for applicant Mr. H.D. Dubey, APP for non-applicant/State.
CORAM : URMILA JOSHI-PHALKE, J.
DATE : 12/11/2024.
1.
By this application, the applicant is seeking anticipatory bail in connection with Crime No.662/2024 registered with Police Station Hudkeshwar, Nagpur, District Nagpur for the offence punishable under Sections 467, 420, 406 read with Section 34 of the Indian Penal Code. 2.
Learned counsel for the applicant submitted that the crime is registered on the basis of report lodged by one Arvind Ajabrao Jadhao, alleging that his daughter and the co-accused got acquaintance with each other and the co-accused started visiting his house and also induced him to invest the amount for getting good returns. In view of that, he has invested the amount of Rs.69,57,000/- and issued the cheque in the name of the co-accused and the present applicant. On the basis of same, police have registered the crime against the present applicant. 3.
Learned counsel for the applicant submitted that as far as present applicant is concerned, who is the mother of
the co-accused and merely because, she is the mother, cheques are deposited in her account, she is arraigned as an accused. As far as the other role is concerned, which is attributed to the co-accused. Considering the role attributed to the present applicant, her custodial interrogation is not required. In view of that, she be protected by granting anticipatory bail.
4.
Learned APP strongly opposed the said application and submitted that huge amount is invested by the informant, and in furtherance of common intention, the informant was duped by the present applicant and the other co-accused, and therefore, custodial interrogation is required.
5.
After hearing both the sides and on perusal of the investigation papers, it reveals only role attributed to the present applicant that amount was deposited in her account. As far as inducement is concerned, there is no allegation against the present applicant. In view of that, applicant has made out a case for grant of anticipatory bail. Accordingly, I proceed to pass the following order: a] In the event of the arrest, the applicant - Mrs. Vidhya wd/o Govind Badwaik in connection with Crime No.662/2024 registered with Police Station Hudkeshwar, Nagpur, District Nagpur for the offence punishable under Sections 467, 420, 406 read with
Section 34 of the Indian Penal Code, be released on anticipatory bail on executing P.R. bond of Rs.25,000/- with one solvent surety in the like amount.
b] The applicant shall attend the concerned police station as and when required for the investigation purpose and shall cooperate with the investigating agency.
c] The Investigating Officer shall issue one week notice in advance to the present applicant whenever her presence is required for the investigation purpose.
d] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case, physically or by way of electronic media.
The criminal application is allowed and disposed of.
[URMILA JOSHI-PHALKE, J.]