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. 4575 OF 2008 CRIMINAL APPLICATION NO. 4575 OF 2008 CRIMINAL APPLICATION NO. 4575 OF 2008 Mrs. Bhagyashri Pratik Sashte ...Applicant vs. The State of Maharashtra ...Respondent Mr.S.B. Shetye for the Applicant. Mr.S.R. Shinde, 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 second complaint is filed by one of the persons who has alleged that the the applicant and her husband had cheated the complainant. In the first complaint, the applicant was arrested and was released on bail. 3. Counsel for the applicant submits that an advertisement was given by the husband in daily newspaper "Sakal" in which he had invited offers of financial assistance and pursuant to the said - 2 - advertisement, several persons gave various sum of money to the applicant’s husband. The cheques which were signed by the applicant’s husband were dishonoured and as a result, a complaint was filed initially in 2008 against the applicant, her husband and his associate. The applicant was arrested and was released on bail within 15 days. At that time, the applicant’s husband and his associate was absconding. As to today, her husband and his associate has been arrested. 4. Shri Shetye, Counsel for the applicants submits that the applicant is not concerned in any way in the said transaction and that the second complaint has been filed by the second complainant on the same grounds on which the first complaint was filed. It is submitted that therefore, under these circumstances, the applicant be granted anticipatory bail. 5. Taking into consideration the fact that all the cheques were signed by the applicant’s husband and as of today, there is no material to indicate that the applicant had knowledge about the intention of her - 3 - husband and his associate, prima facie case is made out for grant of anticipatory bail. Apart from that the applicant was already arrested in a similar case and later on released on bail. The applicant even otherwise cannot be arrested if successive complaints are filed against her. Thirdly, the applicant is a lady and her custodial interrogation is not necessary. For all these reasons, the application for anticipatory bail is allowed. 6. The applicant, in the event of her arrest, in connection with C.R. No.398/2008 be released on bail in the sum of Rs.10,000/- with one or two sureties in the like amount. The applicant shall cooperate with the police and shall attend the police station as and when called. The Investigating Officer, if the presence of the applicant is required, may call her between 11 a.m. to 5 p.m. only after giving an advance notice of 48 hours to the applicant. 7. The application, accordingly, is allowed and disposed of in the aforesaid terms. - 4 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)