Jayshri Satish Bandgar v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.211 OF 2024 Jayshri Satish Bandgar ...
Applicant V/s.
State of Maharashtra ...
Respondent ------------------- Mr. Aniket Nikam I.by Mr. Amit Icham, for the applicant. Ms. Veera Shinde, APP, for the Respondent / State. ---------------------
CORAM
:
ANIL S. KILOR, J.
Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.08.31 13:22:09 +0530 VARSHA DEEPAK GAIKWAD DATE :
30TH AUGUST, 2024.
PC:
1.
Heard.
2.
By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.287 of 2023, registered with Sangli City Police Station, Sangli for the offences punishable under Sections 406 and 420 r/w. 34 of the Indian Penal Code and Section 3 of the Maharashtra Protection Of Interest Of Depositors Act (mpid) Act.
3.
The applicant is the director of Richaadhar Multipurpose and Developers LLP along with the co-accused. Accused no. 1 is her husband. As per the prosecution story she received Rs. 31 lakhs in her account and then it was transferred to some other company and
thereafter she again received Rs.1,99,500/-. As per the prosecution the total amount involved is about Rs.12 crores. It has also come on record that other co-accused purchased various properties out of these amounts. As far as the two properties which stand in the name of the applicant have been seized along with the bank account of the applicant, wherein at the time of seizure Rs. 21 lakh was lying. It appears that the accused nos. 1,3 and 4 have played major role in the present offence and they are main accused.
4.
In the circumstances, considering the maximum punishment i.e. 7 years coupled with the period of incarceration of the applicant which is more than 1 year and also role of the applicant in the alleged offence which is not similar with the co-accused, I am of the opinion that this is a fit case for grant of bail. Moreover, the applicant is a lady. Thus, considering the nature of allegations though the learned APP is strongly opposing the application, I am inclined to grant bail. Accordingly, I pass the following order:
ORDER
(i) Criminal Bail Application is allowed and disposed off; (ii) It is directed that the applicant shall be released on bail in Crime No.287 of 2023, registered with Sangli City Police Station, Sangli for the offences punishable under Sections 406 and 420 r/w. 34 of the Indian Penal Code and Section 3 of the Maharashtra Protection Of Interest Of Depositors Act (mpid) Act, on furnishing P.R.Bond of Rupees
Twenty-five Thousand with one solvent surety in the like amount;
iii) The applicant shall attend the police station as and when her presence is required.
iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;
v) Liberty is granted to the State for cancellation of bail if the applicant commits similar offence;
vi) The applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the trial Court for any reason.
(ANIL S. KILOR, J)