1 Criminal Application No.5051/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5051 OF 2010 Ashabai w/o Ramesh Bhagwat ... APPLICANT VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Mrs. S.S. Jadhav, Advocate for the applicant Shri V.H. Dighe, A.P.P. for respondents ..... CORAM : K.U. CHANDIWAL, J. DATE : 13th January, 2011 PER COURT : 1. Heard. Pre-arrest bail in Crime No.I-313/2010 of Topkhana Police Station, Ahmednagar for an offence punishable under Sections 420 read with Section 34 of the Indian Penal Code is urged by the female applicant Ashabai, mother of Nilesh Bhagwat. 2. The grievance of the applicant is, indeed the original complainant Kailas Shinde owed amount as the applicant and her son had paid Rs.40,000/-. They have received Rs.15,000/- and a reminder of Rs.25,000/- was left. Insistence on the part of present applicant to said Kailas Shinde enraged him and consequently, the applicant herein and son Nilesh were threatened. This was followed by making a complaint to the police authority on 4.9.2009 and also 2 Criminal Application No.5051/2010 10.10.2010. 3. The learned counsel submits, to give a counter-blast to the grievance of the present applicant, said Kailash Shinde filed prosecution vide the subject F.I.R. dated 14.10.2010. Counsel submits, her son was in custody and released on regular bail. Custodial interrogation is not warranted. Survey of facts illustrate, primarily a colour is given to the financial affairs of Nilesh with said complainant wherein present applicant Ashabai has a minimal role. Custodial interrogation consequently is not desired. Hence order : O R D ER 4. Application is allowed. In the event of arrest of the accused, she be released on furnishing P.R. bond and surety in the sum of Rs.15,000/- (Rupees fifteen thousand). The accused/ applicant shall attend the investigator on every Monday between 3.00 p.m. to 5.00 p.m. till 31st March 2011 and shall not influence the witnesses. K.U. CHANDIWAL JUDGE fmp/cri5051.10