Shashikala Bhaskar Lad v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.864 OF 2024 Shashikala Bhaskar Lad .... Applicant versus State of Maharashtra .... Respondent WITH INTERIM APPLICATION NO.1364 OF 2024 IN ANTICIPATORY BAIL APPLICATION NO.864 OF 2024 Sangram Ashok Jadhav .... Intervenor/ Complainant

IN THE MATTER BETWEEN :

Shashikala Bhaskar Lad .... Applicant versus State of Maharashtra .... Respondent .......

• Mr. Umesh H. Pawar a/w Sagar R. Sonawane, Advocate for Applicant.

• Mr. Satyavrat Joshi i/b. Mr. Yash G. Fadtare, Advocate for Intervenor.

• Ms. Mahalakshmi Ganapathy, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 12th APRIL, 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection Digitally signed by MANUSHREE NESARIKAR Date:

2024.04.17 16:04:33 +0530 MANUSHREE NESARIKAR with C.R.No.37/2024, dated 06/03/2024, registered with Nesarikar

2 / 5 Kundal Police Station, Sangli, under sections 306 r/w 34 of the Indian Penal Code and under sections 39 and 45 of Maharashtra Money Lending (Regulation) Act, 2014.

2.

Heard Mr. Umesh H. Pawar, learned counsel for the Applicant, Mr. Satyavrat Joshi, learned counsel for the Intervenor and Ms. Mahalakshmi Ganapathy, learned APP for the State. 3.

The FIR is lodged by one Mangal Jadhav in respect of the incident in which her husband committed suicide by consuming poison. He died on 24/02/2024. She has stated that her husband was having friendly relations with the present Applicant. She was demanding money since the past 7 years and she was blackmailing him. The informant's husband had paid Rs.50 lakhs to her and even then she was asking for more amount. There are allegations that, to make the payment to the present Applicant, the deceased had taken Rs.4 lakhs from one Ujwala Pandhare, for which he was paying interest per month to Ujwala. He had returned more than twice the amount to Ujwala. But yet both of them i.e. the present Applicant and Ujwala were

3 / 5 harassing the deceased. Ultimately, because of this harassment, the deceased committed suicide by consuming poison. 4.

Learned counsel for the Applicant submitted that the Applicant had sold her land in the year 2016. She had some money to invest and therefore, the deceased had suggested to her to invest that money in Hutatma Sahakari Bank, Kundal branch. The deceased was a Director of the society connected with that bank. Therefore, believing him and because of their friendly relations, the Applicant invested her money in the joint fixed deposit in the said bank in the name of the Applicant herself jointly with the deceased. Learned counsel submitted that the deceased unilaterally broke this Fixed Deposit and transferred the amount in his account and misappropriated that amount. The Applicant was only demanding back her legitimate dues. There was no question of blackmailing. Demanding one's own amount would not amount to abetment to commit suicide. He relied on the bank receipts to support his claim. He relied on the transcript of the conversation between the deceased and the Applicant, which shows that the Applicant was demanding back her own money. He has produced a copy of the compilation. It is

4 / 5 taken on record and marked 'X' for identification. A copy of the compilation is given to Mr. Satyavrat Joshi, appearing for the first informant.

5.

At this stage, learned APP submitted that the claim made by the Applicant will have to be investigated. For that purpose, the Applicant be directed to attend the concerned police station on particular date.

6.

Learned counsel for the Intervenor submitted that the compilation includes bank account statement of the deceased and it was not possible ordinarily that the Applicant would have access to this bank account statement.

7.

To this submission, learned counsel for the Applicant responded by submitting that the Applicant would explain to the investigating agency how she came in possession with bank account statement of the deceased.

8.

In these circumstances, today the Applicant can be protected by way of ad-interim relief with directions to attend the concerned police station and to cooperate with the investigation.

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Hence, the following order :

O R D E R

(i) In the event of his arrest in connection with C.R.No.37/2024, dated 06/03/2024, registered with Kundal Police Station, Sangli, till the next date, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

(ii) The Applicant shall attend the concerned Police Station from 23/04/2024 to 25/04/2024 between 01.00 p.m. to 05.00 p.m. and thereafter as and when called and shall cooperate with the investigation.

(iii) This order shall operate till 06/05/2024.

(iv) Stand over to 06/05/2024.

(SARANG V. KOTWAL, J.)