IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.44 OF 2009 APPLICATION NO.44 OF 2009 APPLICATION NO.44 OF 2009 Trupti Ajitkumar Bhosale.. Applicant Vs. The State of Maharashtra ... Respondents Mr.Shirish Gupte, Sr.Counsel i.b.Mr.M.S.Mohite for Applicant Mr.S.S.Pednekar A.P.P.for Respondents CORAM CORAM CORAM : V.M.KANADE, J : V.M.KANADE, J : V.M.KANADE, J DATED DATED DATED : 9th : 9th : 9th February, 2009 February, 2009 February, 2009 P.C. P.C. P.C. 1. Heard learned counsel appearing on behalf of the applicant and A.P.P. for the State. 2. The allegations against the present applicant is that an account was opened in her name by her father Ajit Kumar Bhosale who was the Chairman of the society. The allegation made against him is that he had withdrawn huge amounts from the said bank account and had thereby cheated the society. The applicant’s father has been granted bail by this Court by an order dated 19.11.2008 in Criminal Application No.4083 of 2008. No other role has been attributed to the present applicant except the fact that an account was opened in her name and she had issued cheques and had diverted the said amounts in some other account. Out of 2 total amount of Rs.69,00,000/- approximately claimed by the society, an amount of Rs.47,00,000/- has been paid to the society. So far as the balance amount of Rs.25,00,000/- is concerned a dispute is pending in the Cooperative Court. The applicant’s father Ajit Bhonsale has filed an affidavit- cum undertaking in which it is stated that he owns a row house admeasuring built up area of 1500 sq.ft and having current market value of the said row house is about Rs.80,00,000/-. An inquiry under section 81 is pending. He has made a categorical statement in the said affidavit that he is use, occupation and possession of the row house being a bonafide member of the said society. He has further given a undertaking to this Court that he shall not create any third party rights or dispose of the property till the final disposal of the trial in respect of C.R.No.84 of 2008 of Wagle Estate police station. The undertaking is accepted. In view of the undertaking filed by father of the applicant and since the amount which is claimed by the society is secured by the said undertaking, the custodial interrogation of the applicant is not necessary. Interim order passed by this Court is therefore confirmed. Application for anticipatory bail is granted. In the event of the 3 arrest of the applicant in connection with offences registered at Wagle Estate Police station, vide C.R.No.II-84 of 2008 for offences punishable under sections 420, 406, 201, 464, 465, 467, 468,471 and 120-B of IPC she shall be released on bail in the sum of Rs.25,000/- with one or two sureties in the like amount. The applicant shall cooperate with the police and shall report at E.O.W. Thane as and when called. The applicant however, shall be called only between 11 a.m. to 2 p.m. on any day. { V.M.Kanade, J } V.M.Kanade, J } V.M.Kanade, J }