1 aba431.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR

Criminal Application (ABA) No. 431 of 2019

Rashmi Amol Madankar

Vs.

State of Mah. Through P.S. Borgaon Tah. & Dist. Satara

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Office Notes, Office Memoranda of Coram,

Court's or Judge's orders

appearances, Court's orders of directions

and Registrar's orders

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Mr. A.A. Dhawas, Advocate for applicant

Mr. M.J.Khan, APP for non-applicant.

CORAM : MANISH PITALE, J.

DATED : JULY 4, 2019

Heard Mr. A.A. Dhawas, learned Advocate

for the applicant as also Mr. M.J. Khan, learned APP

for the non-applicant / State on whom an advance

copy of this application was served.

The learned counsel for the applicant has

approached this Court seeking urgent transit

anticipatory bail for the applicant in connection with

FIR dated 05/06/2019, registered at Police Station

Borgaon Dist. Satara against her and three other

accused persons for the offences punishable under

Sections 420, 465, 467, 468, 471, 472, 475, 120-B R/w

34 of the Indian Penal Code.

The applicant has approached this Court

contending that she has serious apprehension of being

2 aba431.19.odt

arrested by the police officers said to have reached

Nagpur from Police Station Borgaon Dist. Satara to

arrest her in connection with the said FIR. It is

contended that the applicant had met with an accident

in the recent past and that she is in such a medical

condition that it would be not appropriate that she,

being a woman, is arrested and transported all the way

to District Satara, which is said to be about 700 Km.

from Nagpur. In support of the said contention

pertaining to medical condition, documents have been

placed on record. It is also submitted on behalf of the

applicant that she is ready to co-operate with the

investigation and that if transit anticipatory bail is

granted for a short period of time, she would approach

the appropriate Court for grant of anticipatory bail.

Although, the learned APP has opposed

grant of relief in the present application, since this

Court is not considering the matter on merits and only

on the question of granting an opportunity to the

applicant to approach the appropriate Court for grant

of anticipatory bail, the contentions raised on behalf of

the learned APP are not being considered on merits.

Considering the peculiar facts and

circumstances of the present case, particularly as the

applicant is a lady and she has undertaken to co-

operate with the investigation and the prayer in the

present case is made only for grant of transit

anticipatory bail to enable the applicant to approach

3 aba431.19.odt

the appropriate Court, the present application deserves

to be granted and limited relief in the following

manner is granted to the applicant herein.

(A)

In the event, the applicant is arrested in

connection with Crime No. 96 of 2019, registered at

Police Station Borgaon Dist. Satara, she shall be

released on transit anticipatory bail only for a period of

two weeks on furnishing PR bond of Rs.20,000/- and

surety in the like amount.

It is made clear that this order shall cease

to operate on expiry of period of two weeks from

today.

(B)

During this period of two weeks, the

applicant shall approach the appropriate Court for

seeking necessary orders.

The appropriate Court would be at libert