Sapana Ashokbhai Sonari And ANR v. The State Of Maharashtra
1/5 nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1306 OF 2015 Sapana Ashokbhai Sonari and Anr.
...Applicants
Versus
The State of Maharashtra
...Respondent
Mr.Sameer Tambekar, for the Applicants Mr. Y. M. Nakhwa, A.P.P for the Respondent-State Somnath S. Panchal, Laxmipuri Police Station, Kolhapur. CORAM : REVATI MOHITE DERE, J.
DATE : 14th SEPTEMBER, 2015 P.C. :
1.
Heard learned Counsel for the applicants and the learned A.P.P. 2.
By this application, the applicants seek pre-arrest bail in connection with C.R. No.107 of of 2015 registered with the Laxmipuri Police Station, Kolhapur, for the alleged offences punishable under Sections 420, 467, 471, 511 r/w 34 of the Indian Penal Code. 3.
According to the prosecution, certain insurance policies were taken out in the name of dead persons after their death. As far as the present
2/5 applicants are concerned, it is alleged that one Sunil Phonesing Bhat died on 11.04.2013 and that the legal heirs of the said Sunil Bhat took an insurance policy in his name after his death i.e. on 20.06.2013. The said policy was taken by the legal heirs of Sunil Bhat from Surat despite the deceased having expired in Ichalkaranji, District - Kolhapur. The allegations as against the present applicants, who are ladies, is that as Sales Managers of Reliance Insurance Company at Surat, the said applicants verified the policy documents/forms and signed the said forms after their verification.
4.
Learned Counsel for the Applicants states that the applicants are ladies and they have only verified the policy documents/forms which were submitted by the legal heirs of Sunil Bhat. He submitted that all the documents pertaining to the said case are with the police. He further submits that it is the legal heirs of the deceased - Sunil Bhat, who misled the applicants and at the highest what could be alleged against the present applicants is that they were negligent in doing proper verification. He further submits that pursuant to the order dated 2nd September, 2015, the applicants have attended the concerned police station.
3/5 5.
Learned APP states that there is a huge racket in which several persons have taken insurance policies in the name of dead persons and have received monetary benefits. He does not dispute the fact that the policy which was taken in the name of the deceased - Sunil Bhat was taken by the legal heirs of deceased - Sunil Bhat.
6.
Considering the nature of allegations and the fact that the applicants are ladies, the applicants are granted pre-arrest bail on the following terms and conditions :
ORDER
(i) In the event of the arrest, the applicants be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- each with one or two sureties in the like amount ;
(ii) The applicants shall attend the concerned Police Station, as and when called for by the Investigating Officer, till the filing of the charge-sheet ;
(iii) The applicants shall not tamper or attempt to influence the
4/5 complainant, witnesses or any person concerned with the case. (iv) The applicants shall inform their latest place of residence and mobile contact number and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station ; 7.
The Application is allowed in the aforesaid terms and is accordingly disposed of.
8.
It is made clear that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 9.
All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.
5/5 CERTIFICATE Certified to be true and correct copy of the original signed Judgment/order.