Asha Prakash Dige vs the State of Maharashtra — Bombay HC (2024) — LawSathi Research

Asha Prakash Dige vs the State of Maharashtra — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Interim anticipatory bail till the next date: notice issued, returnable on 26th June, 2024; in the event of arrest in Crime No. 0082/2024 (Wadvani Police Station, Dist. Beed), the Applicant to be released on PR Bond of Rs.15,000/- with one surety in the like amount, with conditions of weekly police-station attendance, no direct/indirect contact with witnesses, no interference with evidence, and cooperation with further investigation.

Issue for consideration

Whether, in the facts of Crime No. 0082/2024 (delayed FIR, sale consideration reflected in bank statement), it is a fit case to protect the liberty of the Applicant by interim anticipatory bail.

Court's answer

Prima facie, the record discloses an inordinate delay of six years in lodging of the report, and the bank statement shows the sale consideration being paid; in these circumstances the Court held it to be a fit case for protecting the liberty of the Applicant.

Ratio / Principle

Till the next date (notice returnable on 26th June, 2024), the Applicant shall, in the event of arrest in Crime No. 0082/2024, be released on bail on furnishing a PR Bond of Rs.15,000/- with one surety in the like amount, subject to conditions: weekly attendance at the concerned police station, no direct or indirect contact with witnesses, no interference with evidence, and cooperation with the investigating agency; the learned APP to communicate the order to the concerned police station.

Detailed headnote1 paragraphs

Anticipatory Bail Application No. 809 of 2024 — High Court of Judicature at Bombay, Bench at Aurangabad (Vacation Court), R. M. Joshi, J., order dated 15 May 2024 (Asha Prakash Dige v. State of Maharashtra). Interim anticipatory bail granted in connection with Crime No. 0082/2024 of Wadvani Police Station, Dist. Beed, for offences punishable under Sections 409, 420, 467, 468, 470, 471 r/w 34 of IPC, arising out of a first information report lodged about six years after the alleged sale of the cooperative society's property. On perusal of the record the Court found, prima facie, inordinate delay of six years in lodging the report and noted that the bank statement showed the sale consideration being paid; it therefore held it a fit case for protecting the liberty of the Applicant. Direction: till the next date (notice returnable 26 June 2024), in the event of arrest the Applicant to be released on a PR Bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety in the like amount, on conditions of attending the concerned police station once a week, not contacting witnesses directly or indirectly, not interfering with the evidence, and cooperating with the investigating agency; learned APP to communicate the order to the concerned police station. Counsel contended the property was sold with permission of the Assistant Registrar and that co-accused had already been granted anticipatory bail; the learned APP opposed interim relief citing Sessions Court observations on the Assistant Registrar's permission.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO. 809 OF 2024

ASHA PRAKASH DIGE VERSUS THE STATE OF MAHARASHTRA

Mr. S. V. Dixit, Advocate for the Applicant Mrs. M. N. Ghanekar, APP for the Respondent/State

CORAM : R. M. JOSHI, J. (Vacation Court)

DATED : 15^th MAY, 2024

PER COURT :-

Heard.

Issue notice to the respondents , returnable on 26^th June, 2024. Learned APP waives service of notice for respondent/State.

The learned counsel for the Applicant submits that the first information report has been lodged after six years of the incident of sale of the property belonging of the cooperative society. It is the contention of the said property was sold after obtaining permissions from the Assistant Registrar for its sale. By pointing out bank statement it is contended that the entire sale consideration has been deposited. According to him, the allegation in the first information report in fact the property was sold at the lesser price than the

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Government valuation. It is submission that the co-accused are already granted anticipatory bail.

The learned APP opposed grant of interim relief on the ground that the observations made by the Sessions Court that the permission granted by the Assistant Registrar for the sale of the landed property.

Perusal of the record prima facie indicates that there is in ordinate delay of six years in lodging of the report. The bank statement shows consideration being paid. In such circumstances, it is a fit case for protecting the liberty of the Applicant. Hence, the following order:-

ORDER

(i) Till the next date, in the event of arrest of applicant in connection with Crime No. 0082/2024, registered with Wadvani Police Station, Dist. Beed for the offences punishable under Sections 409, 420, 467, 468, 470, 471 r/w 34 of IPC, she shall be released on bail on furnishing PR Bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety in the like amount.

(ii) She shall attend the concerned police station once in a week.

(iii) She shall not contact the witnesses directly or indirectly.

(iv) She shall not interfere with the evidence in any

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manner whatsoever.

(v) She is further directed to cooperate the investigating agency for further investigation.

(vi) Learned APP to communicate this order to concerned Police Station.

(R. M. JOSHI, J.)

ssp

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