BA-826-22+2.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

BAIL APPLICATION NO. 826 OF 2022

WITH

BAIL APPLICATION NO. 824 OF 2022

WITH

BAIL APPLICATION NO. 864 OF 2022

Arti Bhausaheb Chavan

..APPLICANT

VERSUS

State of Maharashtra

..RESPONDENT

....

Mr. S.T. Pandey, Advocate h/f Mr. K.N. Shaikh, Advocate for applicant

Mr. S.P. Sonpawale, A.P.P. for respondent – State in BA/826/22

Mr. N.T. Bhagat, A.P.P. for respondent – State in BA/824/22 and BA/864/22

....

CORAM : R.G. AVACHAT, J.

DATE : 18^th JULY, 2022

PER COURT :

1.

These three applications for bail under Section 439 of Code of

Criminal Procedure are taken up together since the applicant of all these

applications is one and the same. The applicant has been arrested in

connection with following three crimes :-

(i) Crime No. 261 of 2014 registered with Jawaharnagar Police Station, Dist.

Aurangabad for the offences punishable under Sections 420, 409, 423, 424,

467, 471, 474, 406, 465, 120-B read with Section 34 of the Indian Penal Code

and under Sections 3 and 4 of Maharashtra Protection of Interest of

Depositors (in Financial Establishments) Act, 1999;

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(ii) Crime No. 176 of 2016 registered with Beed City Police Station, Dist.

Beed for the offences punishable under Sections 420, 406 read with Section

34 of the Indian Penal Code and under Sections 3 and 4 of Maharashtra

Protection of Interest of Depositors (in Financial Establishments) Act, 1999;

(iii) Crime No. 56 of 2014 registered with Ashti Police Station, Dist. Jalna for

the offences punishable under Sections 420, 406, 409, 465, 468, 471 read

with Section 34 of the Indian Penal Code and under Sections 3 and 4 of

Maharashtra Protection of Interest of Depositors (in Financial Establishments)

Act, 1999; respectively.

2.

Heard. Perused the First Information Reports (“F.I.R.”) and

related police papers.

3.

These are the successive bail applications. Earlier were rejected

on merit. It would, therefore, not be desirable again to advert to merits

thereof. Suffice it to say that it is a case of the prosecution that the applicant,

her husband and others formed a company and lured investors to invest

money with the hope and promise of lucrative returns. It is stated that the

amount involved is Rs.22,10,93,500/-.

4.

It is informed that movable and immovable property of the

company and all of it’s Directors’, including the applicant and her husband,

has been attached. The bail is mainly sought on the ground of long

incarceration and feminine gender.

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5.

Learned A.P.P. has strongly opposed to grant bail since it is an

economic offence.

6.

The aforementioned facts are minutely considered to grant the

applicant bail. The applicant is a wife of a founder of the company. She has

been behind the bars for about five years and ten months. Soon before arrest

of the applicant, she had undergone brain surgery. She was admitted to J.J.

Hospital, Mumbai twice during her post arrest. Her medical papers have

been placed on record. Property of the company and the Directors including

the applicant and her husband has been attached. The applicant is being

granted bail mainly on the ground of her gender and long incarceration and

ill health as well.

7.

In view of above, the application deserves to be allowed. Hence I

pass the following order :-

ORDER

(I)

The bail applications are allowed.

(II) In Bail Application No. 826 of 2022, the applicant be

released, in connection with Crime No. Crime No. 261 of 2014

registered with Jawaharnagar Police Station, Dist. Aurangabad

for the offences punishable under Sections 420, 409, 423, 424,

467, 471, 474, 406, 465, 120-B read with Section 34 of the

Indian Penal Code and under Sections 3 and 4 of Maharashtra

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Protection of Interest of Depositors (in Financial Establishments)

Act, 1999, on executing P.R. Bond in the sum of Rs.15,000/-

(Rupees Fifteen Thousand) with one surety in the like amount.

(III