Jyoti Birudev Lavate And ANR v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.233 OF 2024 Jyoti Birudev Lavate and another .....Applicants

Versus

State of Maharashtra .... Respondent ----- Mr. Jaydeep D. Mane, Advocate for the Applicants. Smt. M.H. Mhatre, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 25th JANUARY, 2024 P.C. :

1.

The Applicants are seeking anticipatory bail in connection with C.R.No.901/2023 registered with Akluj Police Station, District-Solapur on 27.12.2023 under Sections 419, 417, 420, 465, 467 of IPC and under Sections 66C and 66D of the Information Technology Act. 2.

Heard Mr. Jaydeep Mane, learned counsel for the Applicants and Smt. M.H. Mhatre, learned APP for the Respondent-State.

3.

The FIR is lodged by one Anita Shingate. She has stated that her husband Bhauso Shingate passed away on 9.2.2023. He had some property in the form of shares Deshmane(PS)

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worth Rs.9,64,533/-. The allegations are that the Applicants tampered with the phone of the deceased, substituted his Email ID with their own Email ID and then transferred those shares and misappropriated the amount.

4.

Learned counsel for the Applicants submitted that the amount was deposited in the bank account of the Applicant No.1's father. He submitted that there were matrimonial disputes between the informant and the deceased. He further submitted that the Applicant No.2 is not connected with their family affairs. He has not committed the offence.

5.

Learned APP submitted that the investigation is going on. As of today the offence is detected, but, the exact role and the exact offender is not yet determined. The investigating agency needs further time to answer these questions. She submitted that as of today there is no definite material against either of these Applicants.

6.

Considering these submissions, the Applicants can be protected by ad-interim relief till the next date. They

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will have to cooperate with the investigation. Hence, the following order:

O R D E R

(i) In the event of their arrest in connection with C.R.No.901/2023 registered with Akluj Police Station, District-Solapur, till the next date, the Applicants be released on bail on their executing P.R. bonds in the sum of Rs.30,000/- each (Rupees Thirty Thousand Only) with one or two sureties each in the like amount.

(ii) This order shall operate till 7.3.2024.

(iii) The Applicants shall attend the concerned Police Station from 12.2.2024 to 15.2.2024 between 1:00 p.m. to 5:00 p.m. and thereafter as and when called. The Applicants shall cooperate with the investigation. (iv) Stand over to 7.3.2024.

(SARANG V. KOTWAL, J.)