1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JUTISDICTION CRIMINAL APPLICATION NO. 4250 OF 2009 Sadhana Jaywant Vartak .... Applicant. V/s The State of Maharashtra ..... Respondent. Mr. A.P. Mundargi, Senior Counsel with Mr. S.R. Borulkar i/b Mr. Prashant Relekar for the applicant. Mr. H.J. Dedhia, APP for the State. CORAM: V.M. KANADE, J. DATE : 23RD NOVEMBER, 2009 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. The applicant has been arrested on 06/07/2009 in connection with the offence punishable under sections 143, 147, 452, 284, 395, 129(B), 336, 337, 427, 504, 506 of the Indian Penal Code which is registered with Khadak Police Station, District Pune vide C.R. No.150 of 2009. One Yeshwant Vasudev Natu lodged a complaint against the applicant and 2 others in which he alleged that he was threatened by the accused to give his consent for selling a share in the joint family property and on account of threat which was given by the accused he had conveyed the share in the property about 14 months prior to the complaint which was filed. It is alleged that one Dipak Mankar who is a Corporator in the Pune Municipal Corporation and purchaser of the said property, one Sudhir Karnataki and the present applicant who was a broker in the said incident, compelled him to transfer the said property. It is alleged in the complaint that a group of 40 to 50 persons entered the said property and threatened him and compelled him to sell his share in the said property. 3. Mr. Mundargi, the learned Senior Counsel appearing on behalf of the applicant, however, submitted that all other members of the family had agreed to sell their share to the said Karnataki and the applicant also had agreed, initially, to sell his share. Later on, however, he resiled from the said agreement and did not take any steps to transfer the said property. In a suit filed by mother of the complainant in respect of the said property, the complainant had filed an application under section 44 claiming his right of preemption. It is submitted that the said suit was withdrawn and the complainant had accepted total 3 consideration of Rs 1.25 crores which was paid to him which amount was deposited by him in the Bank and, later on, he had withdrawn his application in the civil suit. It is further submitted that the consideration was not inadequate and though the market value of the said property was about Rs 70 lakhs, the complainant had received Rs 1.25 crores. A deed of conveyance was registered. The complainant and his son also had signed by the said conveyance and, belatedly, as an afterthought, this false and fictitious complaint was filed by the complainant. The learned Counsel appearing on behalf of the applicant submitted that all other accused had been released on bail and that interim anticipatory bail was granted to the said Dipak Mankar and regular bail was granted to the said Karnataki by the Apex Court and the said interim bail is continued since July 2009. He submitted that since the charge- sheet was filed, further detention of the applicant is not necessary. 4. The learned APP appearing on behalf of the State submitted that the allegations made in the complaint are very serious. He submitted that when a public notice was issued by the accused Karnataki, the complainant had given his reply through his advocate and submitted that the accused had taken 4 advantage of the political connections and had pressurized the complainant to complete the conveyance. He submitted that the applicant had received Rs 25 lakhs as a brokerage which was denied by the learned Senior Counsel appearing on behalf of the applicant. 5. Taking into consideration these peculiar facts and circumstances, in my view, applicant deserves to be released on bail because, firstly, all other accused have been released on bail. The Apex Court has granted interim anticipatory bail to the principal accused Karnataki and regular bail to Dipak Mankar. The complaint has been filed after a lapse of 14 months. The complainant himself has executed the conveyance and accepted the entire amount of Rs 1.25 crores and deposited the said amount in his Bank. His son who is an Air Force Pilot had come from Madhya Pradesh to execute the Conveyance Deed. There is no material to indicate that the said incident had taken place on the date as alleged by the complainant. Charge- sheet now has been filed and the investigation is over. Applicant is a lady. The only role attributed to the applicant is that she had allegedly taken the complainant to Dilip Mankar and no other role is attributed to her apart from being the co- conspirator in the alleged conspiracy. That being the position, 5 therefore, continued detention of the applicant is not necessary. Applicant is in jail since July 2009. 6 Applicant be released on bail in C.R. No.150 of 2009 registered at Khadak Police Station, District Pune in the sum of Rs 5000/- with one or two sureties in the like amount. She shall report to the concerned Police Station once in a month and she shall not threaten the prosecution witnesses 7. Application is disposed of. (V.M. KANADE, J.)