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Bombay High CourtABA/1420/2025allowed

Pinky Sushil More v. State Of Maharashtra

2025-06-18Hon'Ble Shri Justice R. N. Laddha4 pages

by CHITRA SANJAY SONAWANE Date:

2025.06.18 21:01:22 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No. 1420 of 2025 Pinky Sushil More Age 47 years, Occ. Housewife, Room No.6, Kanji Seth Chawl, Marumata Mandir, Ghatla Gaon, Chembur, Mumbai - 400 071.

... Applicant versus

1. The State of Maharashtra At the instance of Azad Maidan Police Station (W), Mumbai.

2. Vaishali Sadanand Tarkar Age 55 years, 6, Gurukrupa, D S Babrekar Marg, Gokhale Road, Petrol Pump, Dadar (W), Mumbai.

... Respondents ---- Mr Nikhil Mishra a/w Mr Shravan Purohit, for the Applicant. Mr Pankaj Deokar, APP, for Respondent No.1 / State. Ms Tahira Siddique a/w Ms Shweta Rathod i/b Elixir Legal Services, for Respondent No.2.

---- Coram: R.N. Laddha, J.

Date: 18 June 2025 P.C.:

Heard Mr Nikhil Mishra, the learned Counsel appearing on behalf of the applicant, Mr Pankaj Deokar, the learned

Additional Public Prosecutor representing respondent No.1/ State, and Ms Tahira Siddique, the learned Counsel appearing for respondent No.2.

2.

The applicant, who is accused of committing offences under Sections 420, 465, 467, 468 and 471 read with 34 of the Indian Penal Code, apprehends arrest in connection with CR No.40 of 2025, registered at Azad Maidan Police Station, Mumbai, has filed the present application seeking pre-arrest bail.

3.

The prosecution alleges that between December 2020 and February 2024, the applicant, in collusion with the co-accused, orchestrated the creation of a fraudulent affidavit. This document falsely purported to be a surrender of tenancy by Bhushan, the complainant's now deceased brother-in-law, and featured forged signature and counterfeit notary seal, skillfully imitating Bhushan's handwriting. Relying on this fabricated affidavit, a gift deed was subsequently executed in the applicant's favour for Room No. 201, located in Shri Khapareshwar CHS at Navjivan Wadi, Hamalwadi, Dhobitlav, Mumbai, and registered at the Sub-Registrar's Office. Additionally, it is alleged that the applicant used forged documents related to the complainant and her family across

multiple government departments.

4.

At the outset, the learned Additional Public Prosecutor representing respondent No.1/ State, on instructions from the investigating officer, submits that the investigation is nearing completion, with only the pending receipt of a report from the handwriting expert. He further submits that the documentary evidence is already in the prosecution's possession, and no further recovery or discovery is required from the applicant. Additionally, the prosecution does not require the applicant's custody.

5.

Considering the above, this Court is inclined to exercise its discretion in favour of the applicant. Hence, the following order:

ORDER

(i) In the event of the applicant's arrest in connection with CR No.40 of 2025, registered at Azad Maidan Police Station, Mumbai, she shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.

(ii) The applicant, herself or through any

other person, shall not tamper with the evidence or influence witnesses.

6.

The application stands disposed of accordingly. (R.N. Laddha, J.)