Vanita W/O Kishorji Chakole v. State Of Maharashtra, Police Station Officer, Mouda, Through Anti Corruption Bureau, Bhandara

1 aba705.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO.705 OF 2015 (Vanita w/o Kishorji Chakole ..vs.. State of Maharashtra, through PSO, Mouda, through A.C.B., Bhandara) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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.

DATED : 09-02-2016 Heard Shri A.K. Neware, learned Advocate for the applicant and Shri S.S. Doifode, learned Addl.P.P. for the non-applicant.

2.

This Court granted ad-interim order in favour of the applicant on 28-12-2015. The non-applicant has filed its reply on 11-01-2016. The contention of the nonapplicant is that custody of the applicant is required for recovering the cheques, which were given to the applicant for signing.

3.

The non-applicant has not been able to point out that the applicant has not co-operated in the investigation. The non-applicant has not pointed out that the further investigation is undertaken by the Investigating Officer and the applicant has not co-operated in the investigation. The non-applicant has not pointed out that the applicant has misused the ad-interim pre-arrest bail granted by this Court. The

2 aba705.15 learned Advocate for the applicant states that the applicant has deposited the amount of Rs.61,000/- with the Registry of this Court as directed by the order dated 28-12-2015.

4.

In the above facts, I am of the view that the ad-interim order granted on 28-12-2015 is required to be confirmed.

5.

Hence, the following order :

i) In the event of arrest, for the offence punishable under Sections 7,12, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act registered with the non-applicant vide Crime No.3048/2015, the applicant shall be released on bail on furnishing P.R. Bond of Rs.25,000/- and one solvent surety in the like amount.

ii) The applicant shall co-operate with the investigation and shall attend the police station on being summoned by the Investigating Officer. iii) The amount of Rs.61,000/- deposited by the applicant with the Registry of this Court, shall be transferred to the account of Gram-Panchayat Mohadi, Tahsil-Mouda, District-Nagpur, alongwith interest, if any. The disbursement of this amount will be as per the orer which may be passed by the trial Court.

3 aba705.15 iv) The application is allowed accordingly. No costs. JUDGE pma