Anagha W/O Shashank Badge v. State Of Maharashtra Through Pso, P. S., Mangrulpir

1 aba704.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 704 OF 2015 (ANAGHA SHASHANK BADGE....VS.. STATE OF MAH. THR. PSO MANGRULPIR, DIST. WASHIM) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.M.Gordey, Sr.Adv. a/b. Ms R.D.Raskar, adv. for applicant. Shri T.A.Mirza, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JUNE 05, 2017.

Heard.

The applicant has filed this application seeking pre-arrest bail apprehending arrest in the crime registered against her along with other co-accused for the offences punishable under Sections 466, 467, 468, 473, 481, 474, 409, 420, 181 read with Section 34 of the Indian Penal Code. This application is filed in December, 2015 and ad-interim order granted in favour of the applicant on 23rd December, 2015 continues till date.

The learned A.P.P. has submitted that the investigation is complete, however, chargesheet could not be filed because of pendency of application under Section 482 of the Code of Criminal Procedure before this Court, filed by some of the co-accused. The learned Senior Advocate appearing for the applicant has made a categorical statement that there is no order in the application filed under Section 482 of the Code of Criminal Procedure restraining the Investigating Officer from filing the chargesheet.

2 aba704.15 The learned A.P.P. has not been able to point out the necessity of custody of the applicant. It is submitted that though chargesheet is ready, it is not filed because of the order passed by the Division Bench of this Court directing that coercive action should not be taken against the accused. Considering the above facts and that the applicant is woman aged about 39 years and accepting the submissions made on behalf of the applicant that she was not involved in any other crime/ offence at any point of time, in my view, the applicant is entitled for pre-arrest bail.

Hence, the following order :

The interim order passed on 23rd December, 2015 is confirmed. However, on condition that after filing of the chargesheet the applicant shall attend the proceedings before the Court on every date unless exemption is granted by the Court.

The Investigating Officer shall examine the matter and if required take legal advise on the point whether the order passed by the Division Bench of this Court on application under Section 482 of the Code of Criminal Procedure restrains the Investigating Officer from filing the chargesheet. If the order is not of such a nature then chargesheet should be filed within a fortnight. The application is allowed in the above terms. JUDGE RRaut..