The judgment emphasizes the importance of verifying explanations and the lack of essential detention for investigation in deciding on surrender and bail applications.

1. Heard Mr.V.G. Pradhan, learned Senior Advocate for the applicant. Heard Mr.S.K. Shinde, learned Public Prosecutor for the State. Heard Mr.B.B.Tiwari, learned counsel for the First Informant who was permitted to intervene in the matter and oppose the application.

2. The applicant is sought to be arrested in C.R.No.123/13 registered at Amboli Police Station, Mumbai. The said crime report is in respect of offences punishable under sections 406 IPC, 420 IPC, 465, 467 and 468 of the IPC. The applicant had applied for Anticipatory Bail, but her application was rejected by the Court of Sessions by an order dated 17th January 2014. The applicant then approached this Court for Anticipatory Bail, but that application - being ABA No.127/14 -was also rejected by this Court by an order dated 5th May 2014 (Coram Mrs.Mridula Bhatkar, J). It appears that the applicant somehow was not arrested even after the rejection of the Anticipatory Bail Application, and therefore, got an opportunity to move another application for Anticipatory Bail. This application -being Anticipatory Bail Application No.688/14 - was also rejected by this Court by an order dated 28th June 2014 (Coram Mrs.Mridula Bhatkar, J). This Court, while rejecting the said application observed that there had been no change in the circumstances since the rejection of the applicant's previous application for Anticipatory Bail.

3. It is under these circumstances that the applicant has moved this Court once again by the present application, which is styled as an application for surrendering herself before the Court and for bail.

4. Since the applicant had not been arrested and since she wanted to surrender herself before this Court and seek bail under the provisions of section 439 of the Code of Criminal Procedure, the maintainability of the application as has been made, was doubted. Whether the applicant could surrender before this court, or whether she was necessarily required to surrender herself before the Magistrate, needed consideration. The learned counsel for the applicant, in that regard, relied on a decision of the Supreme Court of India in the case of Sundeep Kumar Bafna Vs. State of Maharashtra, AIR 2014 Supreme Court 1745. After considering the observations made by Their Lordships of the Supreme Court of India in the said decision, it appears permissible for a person who is yet to be arrested, to surrender before a Court - even this Court - and seek bail on the basis that the surrender by such person before the Court, amounts to his being in custody. Since it could not be pointed out that the application as has been filed is not maintainable, I have considered the same on merits.

5. The First Information Report has been lodged by one Smt.Ann Langa. The case as made out in the FIR is, briefly, that the First Informant owned some land and house property, a cottage where she had been residing with her two daughters. That the applicant was, for some period, staying as a Paying Guest in the house of the First Informant. That, some time in the year 2007, the applicant got married to one Amit Kulkarni - a co-accused in this case who is absconding - whereafter the applicant left the cottage of the First Informant, and went to reside with her husband. She, however, maintained her contacts and good relations with the First Informant and her friends i.e. the other paying guests who had continued to stay in the First Informant's cottage. That, the applicant used to visit the First Informant's cottage occasionally to meet the First Informant and her friends. That, the First Informant and her daughters were contemplating repairs to their cottage. That, the applicant told the First Informant that her husband knew much about construction work, redevelopment etc, The husband of the First Informant - Amit Kulkarni - then told the First Informant that instead of wasting money on the repairs of the old cottage, it would be advisable to undertake a redevelopment project. Amit Kulkarni a