The High Court rejected bail for an applicant apprehending arrest in a franchise cheating case, finding that better investigation requires her custody despite innocence claims.
Criminal Application for exemption from arrest rejected; custody of applicant ordered for better investigation.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.3610 OF 2011
Sau.Nirmala w/o Yashwant Kumkar
Applicant
Versus
1 The State of Maharashtra
2 The Superintendent of Police, Nanded. Respondents
Mr.P.D.Suryawanshi, advocate for the applicant. Mr.D.R.Kale, A.P.P. for Respondents.
CORAM : R.Y.GANOO, J. DATE : 28th November, 2011
PER COURT:
1 The applicant apprehends arrest in Cr.No.24/2011 under Sections 406, 420, 467, 468 and 441 of the Indian Penal Code, registered with Hadgaon Police Station.
2 The applicant runs a Ration Shop. The sum and substance of the contents of the private complaint, which is converted into F.I.R., is that the present applicant, along with accused Mr.Maske, prepared a list of persons whose names are incorporated in the list of persons drawing ration, particularly when those persons were already registered with the shop of coaccused. According to the F.I.R., present applicant had knowledge that the name of ‘A’ person is included in two shops for drawing
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the ration. Innocence was pleaded by the present applicant by contending that she has nothing to do with the preparation of list of card-holders. This contention is falsified by the text of the F.I.R.
3 In my view, better investigation can be carried out by having custody of the present applicant. Hence, this application is required to be rejected.
Criminal Application is rejected.
R.Y.GANOO
JUDGE
adb/cria361011
1 issue framed by the court
Whether the applicant must be granted exemption from arrest in a private complaint case alleging cheating and forgery.
1 provisions across 1 enactments
Sau.Nirmala w/o Yashwant Kumkar
The State of Maharashtra
The Superintendent of Police, Nanded
R.Y.GANOO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
