1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application (BA) No.560/2011 Sau. Sunanda w/o Pranay Bhujade Vs. State of Maharashtra =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : U.V. BAKRE, J. DATED : 10/10/2011. Heard Mr. S.S. Dhengale, learned counsel for the applicant and Mr. C.N. Adgokar, learned APP for the respondent. The applicant, who has been arrested on 22.7.2011 in Crime No. 166/2011 registered at City Police Station, Gondia for offence punishable under Section 420 read with Section 34 of the Indian Penal Code, has filed the present application for bail. The case of the prosecution is that the applicant who is a relative of the complainant, along with others, induced the complainant to deliver an amount of Rs. Seven lakhs and demanded the amount of Rs. Four lakhs as advance for the purpose of appointment of daughter of complainant as Talathi. The allegation is that the complainant paid Rs. Four lakhs to the applicant and it was agreed that balance amount of Rs. Three lakhs would be paid after the daughter of the 2 complainant joins service. However, the name of the daughter of the complainant was not included in the list of selected candidates and the applicant also did not return back the amount of Rs. Four lakhs to the complainant and thus cheated him. The applicant was in police custody from 22.7.2011 till 26.7.2011 but nothing could be recovered at her instance. It is the contention of learned Advocate Shri Dhengale for the applicant that Mr. Chandrakant Kawde who is the driver of the Additional Collector, Gondia is the main accused and that he had taken money not only from the complainant but also from others. The applicant is woman working as a Peon in Zilla Parishad and she is related to the complainant. It is seen from the record that main accused Chandrakant Kawde even gave cheques towards refund of amount. Presently, the applicant is in judicial custody and the investigation is already complete and the charge-sheet has been filed. Hence, no purpose will be served by keeping the applicant in custody. The applicant is a woman having two school going children. Considering the nature of the evidence and the facts and circumstances of the case, I am of the view that the applicant now deserves bail. In the result, the application is allowed. The applicant shall be released on bail in Crime No. 166/2011 registered at City Police Station, Gondia for offence punishable under Section 420 read with 3 Section 34 of the Indian Pena Code, upon execution of personal recognition bond in the sum of Rs. 30,000/- (Rs. Thirty thousand only) with one solvent surety in the like amount on the condition that the applicant shall not tamper with the prosecution evidence and shall not leave India without previous permission of the Trial Court. Application stands disposed of. Hamdast is granted. JUDGE Ambulkar.