{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4070 OF 2009 Sonal Vishal Rajaguru Age-33 years, Occ-Housewife R/o Ashapura Dham, Room No.16, Sanpada, Navi Mumbai APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.V.V.Palnitkar, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 7th December 2009 PER COURT: 1. The present applicant has approached this Court for her release on bail in connection with CR No.58/2009 registered with Sangamner police station for an offence punishable u/s 406. 420, 120-B, 468, 471 r/w 34 of the Indian Penal Code. Investigation in the matter is already over and on 15.09.2009 charge sheet is filed in the Court of JMFC, Sangamner and the case is numbered as RTC No.384/2009. The applicant is arrested in connection with this offence on 13.07.2009. Though she is {2} released on bail in other offenses, yet she is in custody pursuant to this offence. 2. Heard learned counsel for the applicant followed by the submissions of the learned APP. 3. It is urged on behalf of the applicant that the role played by the applicant is that on the instructions of her husband, co-accused in the present offence, the applicant has accepted money and deposited the same in her husband’s account. It is contended that the offence is triable by the Court of Magistrate. 4. Though the application is opposed by the learned APP on the ground that this is a serious economic offence, yet the role played by the applicant is also requires to be considered as she has only accepted the amount on behalf of her husband. Considering the role played by the applicant, which prima faice appears to be small, and that the offence is not punishable with life imprisonment or capital punishment and apart from the merits also, on the humanitarian grounds, as the 8 year old son of the applicant, who is mentally handicapped is taking treatment in the hospital, this is a fit case to use discretion to enlarge the applicant on bail. 5. In the result, the application is allowed. The applicant be released on bail on her furnishing surety in the sum of Rs. {3} 20,000/- and on executing PR bond in the like amount. The applicant shall not leave the local jurisdiction of JMFC, Sangamner without prior permission in writing either from the JMFC, Sangamner or from the Investigating Officer. [A.V.POTDAR, J.] drp/criapln4070-09