1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2787 of 2009 Shubhangi v. State of Maharashtra and anr -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr S. Ashirgade, Adv for applicant Ms S.S. Wandile, APP for State Coram : A.P. Bhangale, J Dated : 7th August 2009 1. Criminal Application No. 2985 of 2009 : Application to assist the prosecution is allowed. 2. Criminal Application No. 2789 of 2009 : Heard learned counsel for applicant and learned Additional Public Prosecutor for State. Applicant is seeking bail in crime No. 137/09 registered with Police Station, Sitabuldi, Nagpur under Sections 408 and 420 of the Indian Penal Code. 3. It is contended on behalf of the applicant that applicant is cooperating in the investigation and it was on the complaint made by applicant that the Head Office was required to conduct audit and enquiry into the matter. Applicant is behind the bars since last fifty days. It is also contended that police cannot use process of investigation to recover the amount 2 and even otherwise, some amount out of Rs. 17 lacs has been deposited in the Bank by the applicant prior to registration of the First Information Report. He further contended that unless the applicant comes out, respondent will not be able to book real culprits 4. Learned Additional Public Prosecutor opposed the application on the ground that huge amount is involved and investigation is in progress to unearth the truthfulness. Learned APP contended that complaints are still received that the applicant has not issued Deposit Certificates to the customers/ depositors. She submitted that custodial interrogation of the applicant is necessary. 5. Considering the rival submissions, in my opinion, no useful purpose would be served by further keeping the applicant behind the bars. In view of the fact that applicant has deposited substantial amount and that she is ready to cooperate with the investigation, applicant deserves to be enlarged on bail. 6. Applicant be released on bail in Crime No. 137/09 registered with Police Station, Sitabuldi, Nagpur for offences under Sections 420 and 408 of the Indian Penal Code upon her executing PR Bond in the sum of Rs. 25,000/- with one or more sureties in the like amount. Applicant shall attend Investigating Officer as and when required. Applicant shall not communicate with any witness or witnesses including depositors and shall not tamper with prosecution evidence in any manner. Applicant shall leave her permanent address including telephone/cell 3 phone number, if any, with the Investigating Officer. Application stands disposed of accordingly. Hamdast granted. Judge. Hsj