1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) No. 196/2011 (Sou. Manisha w/o Anil Ahuja and another .vs. State of Mah. through PSO PS Ramnagar, Chandrapur. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. A.S. Mardikar, Advocate for Applicants. Mr. S.B. Ahirkar, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : APRIL 06, 2011 Heard. By the present application, both women applicants have prayed for bail in connection with Crime No.54/2011 registered with Ramnagar Police Station, Chandrapur for offences under Sections 420, 465, 467, 468 and 471 read with 34 of IPC. In short it is the case of the prosecution that husband of applicant no.1 who is also the brother-in-law of applicant no.2 was the beneficiary of an amount of Rs.15,00,000/- distributed by the Chit Fund of which the first informant is the Manager. The husband of the applicants was the beneficiary as his name was picked up in the lots. It is the prosecution case that accordingly an agreement was entered in between the said beneficiary and the Chit Fund Company by which the 2 beneficiary has to pay an instalment of Rs.30,000/- per month. The amount/benefit given to the beneficiary was secured by mortgaging the property belonging to the present applicants. They have also executed necessary guarantee documents. It appears that the beneficiary after paying few instalments, having stopped paying the instalment and having remained in arrears of huge amount, the Chit Fund Company went for enforcing their remedy by initiating the proceedings in respect of property mortgaged. During the same process, it was detected that the charge created on property was got cleared by the beneficiary by submitting forged document purporting no objection letter given by the Chit Fund Company in view of their dues being cleared. It is further significant to note that without issuing notice of the same to the Chit Fund Company, the said charge is said to have been cleared and thereafter the applicants have sold the said property to third party. The learned counsel for the applicants pressed the prayer for bail by appealing to the Court that he is not praying for bail strictly on merits and he is only requesting the Court to take into consideration that both the applicants are women. It is urged that even if it is assumed that they were beneficiaries of the transaction and/or helped husband/brother-in-law in securing the benefits, still the role allegedly played by them is of meager nature or not of serious nature as that of the principal accused. It is urged that the principal accused is in custody and as such no fruitful purpose would be served by detaining these ladies in 3 custody except depriving mothers to their school going children and thus causing grave hardship. It is urged that both the applicants are ready to abide any conditions as would be imposed by the Court. The emphasis was also made on the proviso of Section 437 of Cr.P.C. for urging to consider the prayer for bail in favour. The prayer for bail was objected by the learned APP on the count of enormity of crime and the manner in which the Finance Company being cheated and in the process the accused persons having used the forged document. However, the learned APP has fairly conceded that the investigation in the crime is practically complete and there is likelihood of charge sheet being filed. Having regard to the same and having regard to fact that both the applicants are women, themselves being not the principal accused and the role allegedly played by them and offences for which they are charged being not exclusively punishable with life imprisonment and since it is brought to the notice that both of them are having school going children, the prayer deserves consideration upon certain strict conditions. The applicants are directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.3,00,000/- (Rs. Three Lacs) each with two solvent sureties in like amount and subject to the conditions that applicants - (i) shall attend the Investigating Officer on every alternate day for a period of one week in between 11.00 am to 1.00 pm and thereafter as and when summoned 4 by him; (ii) shall stay at the address mentioned in the application and shall not leave the same without the permission of the trial court, (iii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity hampering the progress of the trial, (iv) shall not commit any offence while on bail. The application stands disposed of. Criminal APP No. 335/2011 Heard. In view of disposal of main application, Criminal Application (APPP) No. 335 of 2011 stands disposed of as not surviving. JUDGE halwai