Karuna Ravi Singh v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1358 OF 2024 Karuna Ravi Singh ...
Applicant
Versus
The State of Maharashtra ...
Respondent WITH INTERIM APPLICATION NO. 2095 OF 2024 IN ANTICIPATORY BAIL APPLICATION NO. 1358 OF 2024 Rajkumar Chandrasen Chavan ...
Applicant
Versus
The State of Maharashtra ...
Respondent ****** Mr. Milan Desai a/w Tarun Shrivastava and Mr. Uday Singh for the Applicant.
Mr. Sagar R. Agarkar, APP for Respondent-State. Mr. Yogesh B. Dandekar for the Applicant in IA/2095/2024. Mr. G. S. Shaikh, PSI, EOW, Raigad.
****** CORAM: MANISH PITALE, J.
DATE : 30th SEPTEMBER 2024 P.C. :
.
Heard learned counsel for the applicant and learned APP for the respondent-State, as also the learned counsel appearing for the first informant.
2.
By order dated 29th July 2024, this Court had granted interim order in favour of the applicant, directing her to appear before the Investigating Officer on 31st July 2024 and 1st August 2024 and thereafter, as and when called by the Investigating Officer.
3.
This Court, while granting the interim order had observed that the material on the basis of which the Investigating Authority had proceeded against the applicant was very much known to it when charge-sheet was filed and yet, the Investigating Authority surprisingly was insisting on arresting the applicant, who is a woman. The applicant has indeed remained present before the Investigating Officer as directed.
4.
The learned APP submits that this Court may direct her to appear before the Investigating Officer on further specific dates. He also submits that the Investigating Authority is in the process of moving an appropriate proposal under the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (MPID Act) for attachment of the properties of the applicant, for the reason that innocent investors have been duped in the present case.
5.
The learned counsel appearing for the intervenor (first informant) also submits that this Court may consider issuing appropriate directions in the matter.
6.
Since the applicant has abided by the directions issued by this Court and she remained present before the Investigating Officer as directed and further, as the applicant undertakes to continue to cooperate with the investigation, this Court is inclined to make the interim order absolute and allow the present application. Yet, specific directions are warranted in the light of
submissions made by the learned APP.
7.
In view of the above, the interim order dated 29th July 2024 is confirmed and the application is allowed.
8.
The applicant is further directed to remain present before the office of the Economic Offences Wing (EOW), Raigad-Alibag on 3rd and 4th October 2024 between 10:00 a.m. and 12:00 noon and thereafter as and when called by the concerned Officer. She shall continue to cooperate with the investigation. She shall not influence the informant, witness or any person concerned with the case and she shall not tamper with the evidence. 9.
It is made clear that the proposal, which is in the process of being moved by the Investigating Authority for attachment of the properties of the applicant, shall be decided by the Competent Authority/Court, without being influenced by the fact that the present application has been allowed. The same shall be decided on its own merits, in accordance with law.
10.
The application is disposed of.
11.
In view of the disposal of the anticipatory bail application, the intervention application also stands disposed of. MANISH PITALE, J.
BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.09.30 14:54:16 +0530