1appln-3245-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 3245 of 2010 Smt Asha Hirachand Pagaria .. Applicant. vs. The State of Maharashtra .. Respondent. Mr Subhash Jha i/by Bharat Vaishnawa & Co. for the Applicant. Mr Y. M. Nakhawa, A.P.P. for the State. CORAM:- A.R. JOSHI, J. DATE :- 16TH JULY, 2010. P.C.:- 1. Heard rival submissions at length on this application for anticipatory bail preferred by the applicant apprehending her arrest in connection with C.R. No. 87/2008 registered with Economic Offences Wing, Unit No.1, Crime Branch, Mumbai for the offence punishable under Section 420 read with section 120-B of I.P.Code. 2appln-3245-10 2. Allegedly, a cheque for Rs.1,05,00,000/- was issued by one M/s Srushti Trading Company payable to the husband of the present applicant on certain interse transaction between the said Srushti Trading Company and the Company floated by husband of the applicant. Though there were no sufficient funds in the account of Srushti Trading Company, the said cheque was honoured and the entire amount was credited in the account of the Company of which husband of the present applicant is a Director. Allegedly, out of the said account of the Company, an amount of Rs. 10 lakhs has been transferred to the account of present applicant and which amount has been utilized by the applicant for different purposes, including investment in some shares. Investigation is going on and admittedly summons to appear for recording the statement under section 161 of the Cr.P.C. of the present applicant was issued against the applicant by the Investigating Agency. However, apparently the applicant is not assisting the investigation and on the contrary apprehending arrest and preferred the present application for anticipatory bail. 3. It is admitted position that husband of the present applicant had preferred a Criminal Application No. 1533/2010 before another Bench of this Court for quashing the entire criminal proceeding. In the said matter on 30-3-2010 orders are passed that no coercive steps be taken against the then applicant (husband of present applicant) until further orders. As such, by way of implication the husband of the present applicant in whose account the total amount of Rs.1,05,00,000/- was transferred from the account of M/s Srushti Trading Company without there being any sufficient funds, is, now, apparently protected against the arrest. So far as present applicant is concerned, she is the wife of said main accused and 3appln-3245-10 apparently, an amount of Rs. 10,00,000/- has been transferred in her account and investigating agency wants to have further and better particulars from the applicant so far as the utilization of such amount of Rs. 10,00,000/-. Considering this, suffice it to say that the present applicant can be directed to attend the concerned office of Economic Offences Wing once in a week till the conclusion of the investigation. In the result, the application is disposed of by the following order:- ORDER: (a) Anticipatory bail application is allowed. (b) In the event of arrest of the applicant in C.R. No. 87/2008 registered with Economic Offences Wing, Unit No.1, Crime Branch, Mumbai , she shall be released on bail on executing a P.R. bond in the sum of Rs.25,000/- with one surety in the like amount. © On availing the bail the applicant shall attend concerned office of E.O.W. once in a week on every Monday between 10-00 a.m., to 2.00 p.m. till filing of the charge sheet. (d) Present anticipatory bail order shall be effective till filing of the charge sheet and 15 days thereafter and on filing of such charge-sheet, the applicant shall apply for regular bail before the concerned Court. (e) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (A.R.JOSHI,J) 4appln-3245-10