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Bombay High CourtABA/938/2025allowed

Sonali Madhukar Munde v. State Of Maharashtra

2025-04-28Hon'Ble Shri Justice Rajesh S. Patil4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.938/2025 SONALI MADHUKAR MUNDE ...APPLICANT VS STATE OF MAHARASHTRA AND ANR.

...RESPONDENTS ...

Adv. Tejesh Dande i/b Mansi Dande and Sarvesh Deshpande for the Applicant.

Ms. Supriya Kak, APP for the Respondent State. PI Sameer Kamble, Sr. PI Sudhakar Dhane, Antophill Police Station. ...

CORAM

: RAJESH S. PATIL, J.

DATED : APRIL 28, 2025 P.C.:

1.

On 8 April 2025 the following order was passed in the present anticipatory bail application.

1.

The learned counsel for the applicant seeks liberty to add the first informant as party respondent no.2. Liberty as prayed is granted. Amendment to be carried out forthwith. It is made clear that if the amendment is not carried out, the anticipatory bail application will stand dismissed without further reference to this Court.

2.

Issue notice to the newly added respondent no.2, returnable on 21 April, 2025. Matter to come up under the caption of 'Urgent Circulation'.

3.

The learned A.P.P. to serve the respondent no.2 through the Investigating Officer.

4.

Mr. Dande submits that the present applicant is a manager of the society who was paid salary by the co-operative housing society. The signing authority for any transaction in the society was with the members of the managing committee. The present applicant is spinster and is from middle class background. There are no antecedents as far as the present applicant is concerned. The

custody of the present applicant is not necessary. She is ready to cooperate with the police for investigation. 5.

Taking into consideration the submissions made by Mr. Dande, no coercive steps be taken till the next date of the hearing. 6.

The learned A.PP. submits that in the FIR itself it has been mentioned that the present applicant in front of the entire committee, has admitted her guilt.

7.

The applicant is directed to co-operate with the investigation and attend and meet the Investigating Officer of the concerned police station on 11th April 2025 and 12th April 2025 between 11:00 a.m. to 1:00 p.m."

2.

The learned APP submits that the investigating officer is present in the Court along with the Senior PI. She submits that she has been instructed that the present applicant has co-operated with the police and has attended the office of the investigating officer on the scheduled dates as given by this Court. The concerned Co-operative Housing Society has been informed about the present proceeding and also of the date of today's hearing. The investigating officer as of today is not seeking the custody of the present applicant as the applicant has co-operated with the investigating officer.

3.

None appears for the Co-operative Housing Society when the matter is called out.

4.

Considering the submissions made by both the parties, I am convinced that as of today, the custody of the present applicant is not necessary. Hence, I pass the following order.

ORDER

(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with Crime No. 95/2025 registered with Antophill Police Station, the applicant shall be released on bail, on furnishing P.R. bond to the extent of Rs.25,000/- with one or more sureties of the like amount.

(c) The applicant shall co-operate with the investigation and attend and meet the investigating officer as and when called for.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade her from disclosing the facts to Court or any Police Officer and further, the applicant shall not tamper with the evidence in any manner whatsoever.

(e) The applicant shall furnish details of her residential addresses, contact numbers and e-mail addresses to the investigating officer.

5.

Needless to say, violation of any of the aforesaid conditions would make the applicant liable to face proceedings for cancellation of anticipatory bail. It is clarified that the observations made in this order are limited to the question of grant of anticipatory bail to the applicant

in the present application, and that the trial Court shall proceed further, without being influenced by the observations made in this order. 6.

The anticipatory bail application is disposed off. (RAJESH S. PATIL, J.) Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 29/04/2025 11:29:09