IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 93 OF 2009 CRIMINAL APPLICATION NO. 93 OF 2009 CRIMINAL APPLICATION NO. 93 OF 2009 Smt.Kirtida Haresh Desai ...Applicant vs. The State of Maharashtra ...Respondent Mr.S.V. Marwadi i/b. Mr.Rishi Bhuta for the Applicant. Mr.Rajesh More, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 9, 2009 DATED : JANUARY 9, 2009 DATED : JANUARY 9, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. A complaint is lodged against the present applicant and her husband that they had mortgaged their residential premises to more than one bank and have thereby committed an offence under Sections 420, 465, 467 of the IPC. 3. Counsel for the applicant submits that the applicant and her husband are the joint owners of Roha house situated at Andheri. It is submitted that her husband had taken her power of attorney and without her knowledge had signed as a Power of Attorney holder on - 2 - the said Mortgage deed. It is submitted that the applicant was not aware about this fact. He submits that the applicant’s husband is still in custody and the custodial interrogation of the applicant is not necessary. 4. Taking into consideration the facts and circumstances of the case and more particularly, since the applicant is a lady who has alleged that her husband had signed as her Power of Attorney holder, prima facie case is made out for grant of anticipatory bail. 5. The applicant, therefore, in the event of her arrest in connection with C.R.No.469/2008 registered with MIDC Police Station, Mumbai, for the offence punishable under Sections 465, 466, 467, 468, 471, 420 of the IPC be released on bail in the sum of Rs.20,000/- with one or two sureties in the like amount. The applicant shall give her permanent residential address to the Investigating Officer and shall co-operate with the Investigating Officer. - 3 - 6. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)