Smita Jayant Yerankollu v. State Of Maharashtra

903_ABA_1785_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1785 OF 2024 Smita Jayant Yerankollu ...

Applicant vs.

The State of Maharashtra ...

Respondent Mr. Vresh Purwant for applicant.

Ms. Megha Sumit Bajoria, APP for respondent-State. CORAM : MANISH PITALE, J.

DATE :

09th JULY, 2024 P.C. :

.

Heard learned counsel for the applicant and the learned APP for the respondent-State.

2.

The FIR in the present case, was registered as far back as on 12.10.2022 for offences under Sections 420 and 409 read with Section 34 of the Indian Penal Code, 1860; Section 66D of the Information Technology Act, 2000; and Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999. 3.

As on today, a time period of more than one and half years has gone by and the applicant is now pressing for anticipatory bail. It is significant to note that even before the Sessions Court, she filed the anticipatory bail application in December 2023 i.e. more than one year after the FIR was filed. The said application was dismissed by the Sessions Court on 28.03.2024, inter alia observing that she is absconding from the date of registration of FIR.

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903_ABA_1785_24.doc 4.

This Court is of the opinion that an accused, who remains absconding for such a long period of time, cannot knock the doors of the Court for anticipatory bail. The chargesheet has been filed against the applicant under Section 299 of the Code of Criminal Procedure, 1973, showing her as absconding.

5.

No ground is made out for considering the present application. 6.

Accordingly, it is dismissed.

(MANISH PITALE, J) Priya Kambli 2/2