High CourtsSingle Bench(2018) 01 BOM CK 0211

Pallavi d/o Ramchandra Kathwate vs The State of Maharashtra

Bombay High Court · Decided on 31 January 2018

HON’BLE JUDGES
Sangitrao S. Patil
CASE NUMBER
75 of 2018

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Judgment

30 paragraphs · 315 words
1.

Issue notice to the respondent in both

applications.

2.

The learned APP waives service of notice

on behalf of the respondent in both applications.

3.

Call the investigation papers.

4.

Applicant Pallavi Kathwate has been

granted interim protection by the learned

Additional Sessions Judge, till today.

Considering the contents of the FIR, role of

applicant Pallavi and the fact that she was

protected by the learned Additional Sessions

Judge, I think fit to grant interim relief of

pre-arrest bail to her with certain conditions.

5.

As far as applicant Chandrakalabai is

concerned, it was observed by this Court under the

order dated 23-01-2018 in Criminal Application

No.6869 of 2017 that she was abroad at the

relevant time, when the alleged offences were

committed by accused No.1. The allegations made

against applicant Chandrakalabai do not show that

she actually took part in the alleged transaction

of giving and taking money. Therefore, she will

have to be extended interim relief of pre-arrest

bail with certain conditions. In the result, I

pass the following order:-

Order

1) In the event of arrest of the applicants - 1) Pallavi d/o Ramchandra Kathwate @ Pallavi w/o Rajendra Wankhede and 2) Chandrakalabai Kondiba Wankhede, in connection with Crime No.389 of 2017 registered in City Chowk Police Station, Aurangabad for the offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code, they shall be released on bail, on their furnishing bail bonds in the sum of Rs.15,000/- (Rupees fifteen thousand) each with one surety each in the like amount, till next date of hearing, on the following conditions.

(i) The applicants shall make themselves available for investigation as and when called by the Investigating Officer under written intimation or by any other permissible electronic mode of communication.

(ii) The applicants shall not tamper with the prosecution evidence in any manner.

2) Stand over to 07-02-2018.