Sushila Darshan Jagtap v. The State Of Maharashtra
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 942 ANTICIPATORY BAIL APPLICATION NO. 195 OF 2025 Sushila Darshan Jagtap
VERSUS
The State Of Maharashtra ...
Advocate for Applicant : Mr. Aarif Ali M. Ali h/f Mr. Sonkawade Amarsinha Dharmaraj APP for Respondents-State: Mr. N. D. Raje ...
WITH CRIMINAL APPLICATION NO. 669 OF 2025 IN ABA/195/2025 Anuj Anil Mittal
VERSUS
The State Of Maharashtra And Another ...
Advocate for Applicant : Mr. Patekar Narendra B APP for Respondents-State: Mr. N. D. Raje ....
CORAM : ARUN R. PEDNEKER, J.
Dated : February 20, 2025.
PER COURT :- 1.
Criminal Application No.669 of 2025 is filed for Assist to learned APP. Said application is allowed and disposed of . 2.
Heard learned counsel for the applicant, the learned APP for the respondent-State, and the learned Counsel for Assist to APP. 3.
The applicant has approached this Court apprehending arrest in connection with FIR No.757/2024, dated 29/10/2024, registered with Ahmednagar Camp Police Station, District Ahmednagar, for the offences punishable under sections 318(4), 316(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
4.
It is the case of the prosecution that the informant invested an amount of Rs. 10,11,19,629/- in the business of the applicant on the assurance of receiving a 10% commission. Till August 2024, an amount of 1 of
942 ABA 195-2025 Rs. 2,48,56,420/- was paid to the informant as commission. Thereafter, the informant further invested an amount by hypothecating gold ornaments. However, from September 2024, the applicant and other accused stopped paying the commission and allegedly cheated the informant to the tune of Rs. 8,34,63,209/-.
5.
The learned Counsel for the applicant submits that the applicant has produced chart at Exhibit 'G' indicating the transactions between the parties. He submits that the accused No.2 and 3 are in business of transaction with the informant. The transaction between the parties would not indicate any amount outstanding. If at all the same would be negligible.
6.
The learned Counsel for the informant submits that particulars of payments made to the applicant and other accused have been filed on record. The said particulars are annexed at Exhibit 'G'. However, the learned Counsel for the informant further submits that he is unable to state on what basis the document at Exhibit 'G' has been prepared. 7.
Considering the aforesaid aspects of the matter, the applicant is granted interim protection on the following terms : - A] Till the next date, in the event the applicant is arrested in connection with FIR No.757/2024, dated 29/10/2024, registered with Ahmednagar Camp Police Station, District Ahmednagar, for 2 of
942 ABA 195-2025 the offences punishable under sections 318(4), 316(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023, she shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount.
B] The applicant shall remain present before the investigating officer on 25/02/2025 and 26/02/2025 between 10.30 a.m. to 01.30 p.m. and thereafter as and when required by the investigating officer. The parties including the informant are at liberty to keep their accountants to explain the transaction to the Investigating Officer on any specific day given by the Investigating Officer.
C] The applicant shall co-operate with the investigation, including producing all documents in his possession, as may be demanded by the investigating officer.
D] The applicant shall not influence the informant, witnesses or any person concerned with the case and he shall not tamper with the evidence.
8.
Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled.
9.
List on 03/03/2025.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
3 of