In a bail application regarding offences under the IPC and IT Act for alleged misappropriation, the High Court granted bail with security and stringent undertakings.
Released on bail on furnishing P.R. Bond of Rs.25,000 with sureties, provisional cash bail of Rs.25,000 for six weeks, and undertakings regarding attendance and non-tampering.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Diksha Rane 18. BA 3082-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
DIKSHA DINESH RANE
Digitally signed by DIKSHA DINESH RANE Date: 2023.02.06 14:51:31 +0530
BAIL APPLICATION NO.3082/2022
PRIYA PRASHANT NARKAR ..APPLICANT
VS.
THE STATE OF MAHARASHTRA ..RESPONDENT
WITH INTERIM APPLICATION NO.409/2023 IN
BAIL APPLICATION NO.3082/2022
GAUTAM MADAN MADRECHA ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT
Adv. Yug Mohit Chaudhry a/w. Adv. Ashok Mishra, Adv. Kinjal Mehta, Adv. Hrishikesh Naik i/b. M/s. Solicis Lex for the applicant.
Ms. A. A. Takalkar, APP for State. Mr. Rajesh A. More for the complainant. PI Viay Madaye, Borivali Police Station.
CORAM : M. S. KARNIK, J.
DATE : FEBRUARY 6, 2023.
P.C. :
1. Heard learned counsel for the applicant and learned APP for the State.
2. This is an application for bail in respect of the offence punishable under Sections 420, 408, 468, 467, 477-A, 201, 120-B read with 34 of the Indian Penal Code, 1860
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Diksha Rane 18. BA 3082-22.doc
(hereafter ‘IPC’ for short) read with Sections 65, 66(C) and 66 (D) of the Information Technology Act, 2000, registered vide First Information Report (FIR) No.213/2021 with Borivali Police Station.
3. The applicant is the accused no.1. The applicant was working as a ticket booking staff with the complainant’s travel agency. The FIR is dated April 13, 2021. The FIR is filed by the partner and owner of the company where the applicant was working. A complaint was made by the complainant that one Sheetal Bare who is a booking agent along with employees of the company conspired to misappropriate the funds of the company by fudging the booking amounts of the airline tickets. It is alleged that the misappropriation is to the tune of Rs. 4,25,52,426/-. The applicant is a female employee of the company who was at the relevant time working as a ticket booking staff. The applicant surrendered on May 25, 2022 and since then she is in custody for almost 8 months. The applicant is said to have benefitted to the tune of Rs.1,80,98,175/- as a result of alleged conspiracy of misappropriation of the amount belonging to the complainant’s company.
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Diksha Rane 18. BA 3082-22.doc
4. The applicant has filed the afÏdavits-cumundertakings, one of which is afÏrmed by her and another afÏdavit is afÏrmed by her husband (Prashant Prabhakar Narkar) in respect of the flat mentioned therein. According
to learned counsel, the value of the flat when it was purchased is Rs.67 lakhs and presently it is Rs.1 crore. Paragraphs 4 and 5 of the undertaking reads thus: -
“4. I say that I am holding two bank accounts in the following banks mentioned below:
The afÏdavits-cum-undertakings are taken on record. The statements are accepted as an undertaking to this Court.
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Diksha Rane 18. BA 3082-22.doc
The applicant and her husband to abide by the said afÏdavits-cum-undertakings.
5. The applicant is a woman in custody for more than 8 months. The trial is likely to take a long time to conclude. The co-accused-Priyal Chetan Bandbe who was working as an accountant was granted bail by an order dated January 5, 2023 in Bail Application No.3066/2022. The amount of which the applicant is alleged to be beneficiary is to a large extent secured.
6. There are no criminal antecedents reported against the applicant. In view of the afÏdavits-cum-undertakings, the applicant can, therefore, be released on bail as the investigation is complete and the charge-sheet has been filed. Hence the following order.
O R D E R
(a) The application is allowed.
(b) The applicant-Priya Prashant Narkar in connection with FIR No.213/2021 with Borivali Police Station, shall be released on bail on her furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.
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Diksha Rane 18. BA 3082-22.doc
(c) The applicant be released on provisional cash bail of Rs.25,000/- for a period of six weeks from today.
(e) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police OfÏcer. The applicant shall not tamper with evidence.
(f) On being released on bail, the applicant shall furnish her contact number and residential address to the Investigating OfÏcer and shall keep him updated, in case there is any change.
(g) The applicant shall surrender her passport in the trial Court.
(h) The applicant will not leave India without prior permission of the trial Court.
(i) Having regard to the nature of the accusations, learned trial Judge is requested to expedite the trial. 7. The application is disposed of.
8. The interim application is also disposed of.
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1 issue framed by the court
Whether the applicant should be released on bail given her custody duration, lack of criminal antecedents, and furnished undertakings.
2 provisions across 2 enactments
Priya Prashant Narkar
The State of Maharashtra
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
