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Bombay High CourtBA/220/2024allowed

Swati Chandrakant Kedari v. State Of Maharashtra

2024-10-09Hon'Ble Shri Justice Anil S. Kilor2 pages

1 of 2 909.ba220.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.220 OF 2024 Swati chandrakant Kedari, Age 40 years, Occ.Housewife, R/o.Varwand, Tal.Daund, District Pune Applicant versus

1. The State of Maharashtra

2. Komal Amol Sutar Respondents Mr.Prashant S.Hagare, Advocate for Applicant. Mrs.Veera Shinde, APP, for State.

Mr.RatneshDube, Appointed advocate for Respondent no.2. CORAM :

ANIL S.KILOR, J.

DATE :

9th October 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.1135 of 2023 registered with Yavat Police Station, Taluka Daund, District Pune, for the offences punishable under Sections 420 r/w 34 of the Indian Penal Code.

3.

The allegations against the Applicant is of inducement and cheating. The amount involved in the alleged offence is of Rs.7.29 lakh. It is the case of prosecution that as per the agreement agricultural equipments were not supplied by the Applicant. Thus, MANISH SURESHRAO THATTE Date: 2024.10.09 17:11:13 +0530 MANISH SURESHRAO THATTE considering that there was an agreement and the case is of breach of agreement. Thus, considering the period of incarceration i.e. one year I am of the opinion that further custody of the Applicant is not

2 of 2 909.ba220.2024.doc required in view of the fact that charge sheet has been filed. In the circumstances, though learned APP and learned counsel for the informant have strongly opposed the application, I pass following order :

ORDER

(i) Bail Application is allowed and disposed off; (ii) It is directed that the applicant shall be released on bail in Crime No.1135 of 2023 registered with Yavat Police Station, Taluka Daund, District Pune, for the offences punishable under Sections 420 r/w 34 of the Indian Penal Code on furnishing P.R.Bond of Rupees Twenty Five Thousand with one solvent surety in the like amount; (iii) The Applicant shall attend Yavat Police Station, Taluka Daund, District Pune, on every 1st and 16th of every month between 10.00 a.m and 11.00 a.m till conclusion of trial;

(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 breaches any condition or misuses the liberty or 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.) MST