1 aba413-11.doc ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.413 OF 2011 Maya w/o Bhupendrasing Rajput .. Applicant Vs. The State of Maharashtra and Anr. .. Respondents Mr.Anilkumar Patil for the applicant Mr.J.P.Kharge, A.P.P. for the State CORAM: K.K.TATED, J VACATION COURT DATE: 20th MAY, 2011 PC: 1. Heard the learned counsel for the parties. 2. This is an application for anticipatory bail. 3. Initially the offence was registered under section 404, 420, 424, 464, 468, 470 r/w Sec.34 of the Indian Penal Code against the petitioner s husband. He was arrested. Before ’ that, the police searched her premises on 4.2.11. At that time, the petitioner was present at home. The police seized one laptop and ATM card of Bhupendrasing Rajput, 2 aba413-11.doc the husband of the petitioner. 4. The learned counsel for the petitioner submitted that they have searched her premises. At that time, her name was not there in the F.I.R. He further submits that no where it is stated in the F.I.R. that petitioner collected any amount from the public at large. 5. Considering the submissions made by the learned counsel for the petitioner, the learned A.P.P. for the State vehemently opposed the present application. He submits that they want to recover the jewellery purchased by the petitioner s husband in her name and therefore, her ’ custody is necessary. 6. The applicant happens to be the wife of the accused no.1. Nothing incriminating has been seized from her. Her presence at the house when the home of accused no.1, her husband was searched and the laptop and ATM card were seized, in the search nothing was found to implicate her in the crime. Simply because the accused no.1 during interrogation admitted that he purchased some ornaments for her from the amount for which he duped the investors 3 aba413-11.doc is not sufficient to hold that she took part in the crime. Her name also did not find place in the FIR on the basis of which crime was registered. Taking into consideration, all these facts, her application for anticipatory bail is allowed on the following terms and conditions: 7. In the event of arrest of the petitioner in Crime No.I­10/11 registered with Akkalkot South Police Station, the applicant be released on bail on personal bond of Rs.10,000/­ and surety for the like amount. 8. Applicant is directed to attend the Akkalkot (South) Police Station on every Sunday between 10 a.m. to 12 noon for two months from today. 9. Application is disposed of accordingly. (K.K.TATED,J.)