1 1 1 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.3722 OF 2008 Pushpam Appala Naidu d/o Appala Naidu .. Applicant. Vs. The State of Maharashtra .. Respondent. Mr.A.H.H.Ponda for the applicants. Mr.Y.S.Shinde A.P.P. for the State. Mr.Niwas Kamble i/b A.M.Saraogi for the original complainant. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 21ST NOVEMBER, 2008. DATED : 21ST NOVEMBER, 2008. DATED : 21ST NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and complainant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.420 of 2008 of Andheri (E) police station, Mumbai. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 406 and 420 of IPC and sections 3, 4, 5, 6 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978. 3. It is on the allegations that the applicant floated a scheme under which she sold certain products, such as, diamond watches for the price, which, according to the complainant, was much less in the market than the price quoted and received by the applicant and thereby she has cheated the complainant 2 2 2 and his friends/relatives. I have perused the FIR and the other material placed before the Court. 4. On 20th October, 2008, Mr.Ponda, learned counsel for the applicant, had submitted that the applicant, in order to show her bonafides and without prejudice, was prepared to deposit the entire amount that was allegedly received from the complainant and his friends/relatives and that she would keep a demand draft of the said amount ready in favour of the Registrar. Accordingly Mr.Ponda tendered a demand draft in favour of the Registrar, High Court. 5. The applicant was directed to report to the concerned police station on every Friday and Saturday between 10 am and 1 pm till today. Mr.Shinde, learned A.P.P., on instructions, submits that the applicant did report to the concerned police station regularly and co-operated with the investigation. Keeping that in view and considering overall facts and circumstances of the case, in my opinion, custodial interrogation of the applicant is not necessary. In the circumstances I pass the following order: . In the event of arrest, the applicant to be released on bail in the sum of Rs.1,00,000/- with one or two sureties of the like amount subject to 3 3 3 condition that the applicant shall report to the concerned police station on every Saturday between 9 and 10 am for a period of 90 days from the date of her arrest or till filing of the charge sheet, whichever is earlier. . Insofar as the demand draft of Rs.3,46,780/- tendered by Mr.Ponda is concerned, it would be more appropriate if the applicant is directed to deposit the said amount by another demand draft in favour of Senior P.I. of Andheri (E) police station, Mumbai investigating C.R.No.420 of 2008. Mr.Ponda undertakes to get another demand draft and deposit the same with the Senior P.I. on or before 1st December, 2008. His statement is accepted. Insofar as the draft tendered by him, issued in favour of the Registrar, High Court is returned to the applicant. It is needless to state that the amount deposited by the applicant would be subject to the directions that will be issued by the Trial Court while disposing of the instant criminal case. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. 4 4 4 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)