Asha Prakash Dige v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 809 OF 2024 ASHA PRAKASH DIGE

VERSUS

THE STATE OF MAHARASHTRA Mr. S. V. Dixit, Advocate for the Applicant Mrs. M. N. Ghanekar, APP for the Respondent/State CORAM :

R. M. JOSHI, J.

(Vacation Court) DATED : 15th MAY, 2024 PER COURT :- 1.

Heard.

2.

Issue notice to the respondents, returnable on 26th June, 2024. Learned APP waives service of notice for respondent/State. 3.

The learned counsel for the Applicant submits that the first information report has been lodged after six years of the incident of sale of the property belonging of the cooperative society. It is the contention of the said property was sold after obtaining permissions from the Assistant Registrar for its sale. By pointing out bank statement it is contended that the entire sale consideration has been deposited. According to him, the allegation in the first information report in fact the property was sold at the lesser price than the

Government valuation. It is submission that the co-accused are already granted anticipatory bail.

4.

The learned APP opposed grant of interim relief on the ground that the observations made by the Sessions Court that the permission granted by the Assistant Registrar for the sale of the landed property.

5.

Perusal of the record prima facie indicates that there is in ordinate delay of six years in lodging of the report. The bank statement shows consideration being paid. In such circumstances, it is a fit case for protecting the liberty of the Applicant. Hence, the following order:-

ORDER

(i) Till the next date, in the event of arrest of applicant in connection with Crime No. 0082/2024, registered with Wadvani Police Station, Dist. Beed for the offences punishable under Sections 409, 420, 467, 468, 470, 471 r/w 34 of IPC, she shall be released on bail on furnishing PR Bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety in the like amount.

(ii) She shall attend the concerned police station once in a week.

(iii) She shall not contact the witnesses directly or indirectly.

(iv) She shall not interfere with the evidence in any

manner whatsoever.

(v) She is further directed to cooperate the investigating agency for further investigation. (vi) Learned APP to communicate this order to concerned Police Station.

(R. M. JOSHI, J.) ssp