skt/- 1 9.appln.3458.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3458 OF 2010 Shubhangi Vinod Bhele ... Applicant Vs. State of Maharashtra ... Respondent ...... Mr.Nilesh Pawaskar for the applicant. Mrs.A.S.Pai, APP for the respondent. ...... CORAM : A.R.JOSHI, J. DATE : 12TH AUGUST, 2010. P.C. 1 Heard rival submission on the application for anticipatory bail preferred by the woman accused apprehending her arrest in C.R. No. 167/2010 of Wadala T.T. Police station for the offence punishable under Section 380 of the Indian Penal Code. 2 Earlier also, rival submissions were heard for sometime on 10th August 2010 and directions were given to both the sides to produce the copy of the order passed by the Additional Sessions Judge dated 29th July 2010 rejecting the bail. Today, the said copy is produced before the Court on behalf of the applicant. skt/- 2 9.appln.3458.10.sxw 3 Circumstances narrating the alleged offence of Section 380 of I.P.C. are rather peculiar in nature. First Information Report was lodged on 1st June 2010 by one Mr.Anil Khedekar whereas prior to that his wife had filed certain application before the concerned Police Station alleging the same allegations against the present applicant. Admittedly, complainant's family and the present applicant's family are neighbours in the same building and having cordial relations with each other even to the extent of keeping the keys of the flat with each other. According to the case of the complainant, on 26th April 2010, the keys of the flat were given to the present applicant-women staying in the neighbourhood and said keys were taken back on 17th May 2010. Thereafter from 10th May 2001 to 16th May 2010, complainant and his wife went to Delhi. Prior to that, on 5th May 2010, the complainant and his wife after coming back from marriage in relation, kept the gold ornaments in the locker in the cupboard and the keys of the cupboard were kept in one drawer. Since then, till 5th May 2010, there was no knowledge to the complainant as to availability or otherwise of the said ornaments kept in the locker. On 5th June 2010, when applicant was proceeded for Delhi for his office work, he opened his cupboard and the locker and revealed that the ornaments were missing. He told his wife to enquire and to search for the said ornaments and he left for Delhi. After coming back from Delhi, he lodged a complaint on skt/- 3 9.appln.3458.10.sxw 12th July 2010 at C.R.No.167 of 2010 with Wadala TT Police Station. However, prior to that, a letter was sent by his wife mentioning similar allegations. However, there is rather difference in the total quantum of the amount of the gold ornaments missing from the cupboard. In the First Information Report, grave doubt raised on the present applicant as allegedly on 7th June 2010, present applicant had enquired with the wife of the complainant as to whether the complainant had taken all the ornaments to Delhi or otherwise. Allegedly, on such enquiries made by the present applicant, a suspicion arose, moreso, when the keys of the house were given in the custody of the present applicant during the period from 10th May 2010 till 16th May 2010. 4 The different dates mentioned as above, are of much significance and it must be said that at least, till 5th May 2010, the ornaments were still available as they were kept in the locker by the complainant himself, after coming back from the marriage ceremony as detailed above and for the first time, on 5th June 2010, it was revealed that they were missing. As against this, allegedly, the keys of the flat were given to the present applicant for the period from 10th May 2010 to 16th May 2010. skt/- 4 9.appln.3458.10.sxw 5 During the arguments, learned counsel for the applicant submitted that even at times, it was the usual practice of the complainant's wife to keep the keys with her maid servant and also at times other relatives of the complainant were allowed to stay in their flat when the complainant or his wife were out of station. According to the applicant, such information is concealed from the police by the complainant and as such, this aspect is required to be investigated by the police. 6 Considering the above circumstances and the events occurred on different dates as mentioned above, in the opinion of this Court, the present application of pre arrest bail can be allowed on imposing certain conditions on the applicant. Hence the order : :: O R D E R :: [i] Criminal Application No.3458 of 2010 for anticipatory bail is allowed and accordingly disposed of. [ii] In the event of arrest of the applicant Ms.Shubhangi Vinod Bhele in C.R. No.167/2010 of Wadala TT Police Station, she shall be released on bail on her executing a P .R. bond in the sum of Rs.15,000/- (Rs.Fifteen Thousand Only) with one surety for the like amount. skt/- 5 9.appln.3458.10.sxw [iii] In the event of arrest and availing of bail, as above, the applicant shall attend the Wadala T.T. Police Station once in a week on Monday between 10:00 a.m. to 12:00 noon till filing of the chargesheet. [ A.R.JOSHI, J.]