1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1973 OF 2009 Mrs Deepa Ankur Khatri ..Applicant -versus The State of Maharashtra .. Respondents Shri.Santosh Pande a/w Shri.Dilip Shukla, i/b SBG and Associaties, for the Applicant. Smt Usha V.Kejariwal, APP for the state. CORAM: R. G. KETKAR J (Vacation Judge) DATED: 20th May, 2009 P.C. 1. The applicant has preferred this application u/s 439 of the Code of Criminal Procedure, l973, praying for enlarging her on bail in Crime No.20 of 2009 registered at 2 Santacruz Police Station. It is contended that the applicant was arrested on March 23, 2009 and was remanded to police custody till March 30, 2009. 2. A complaint was lodged by one Nikhil Phutane stating that he has Saving Account with HDFC bank, Linking Road Branch, Santacruz (W), and on November l4, 2008 an amount of Rs.4,60,000/- standing in his account was transferred to some other account without his consent through E-banking. Subsequently it transpired that the said amount was transferred from his account through E- banking in the account of one Dinesh Shukla. Upon complaint Dinesh Shukla was arrested and thereafter it transpired that after deducting commission, Shri.Shukla transferred an amount of Rs.4,l4,000/- in the account of the applicant, who in turn after retaining certain amount of commission, transferred the balance amount to the account of Mr.Ahmed Ali Khan. 3. It is alleged that Ahmed Ali Khan took his commission and remaining amount was handed over to Frank Onoha Ifayan and Mr.William - foreign nationals and 3 main accused. They had hacked e-banking-ID and password of the complainant and transferred the money in different accounts. 4. During the course of hearing, it transpired that the foreign nationals Shri.Franklin Onoha Ifayan and William, were enlarged on bail on April 20, 2009. This position is pointed by learned AGP, on the instructions from Shaikh, API, Santacruz Police Station. By order dated April l6, 2009, Ahmed Ali Khan accused No.3 was also enlarged on bail. 5. Having regard to the aforesaid circumstances, I am of the opinion that the applicant is also entitled to be enlarged on bail on the ground of parity, subject to following conditions: i) The applicant Mrs.Deepa Ankur Khatri is released on bail in CR No.20 of 2009. ii) The applicant be enlarged on bail on executing PR bond of Rs.l5,000/- with surety in the like amount. iii)She shall not directly or indirectly tamper with 4 the prosecution evidence. iv)The applicant shall attend Santacruz Police station once in a week between ll.00 am and l.00 pm for a period of one month from the date of release and thereafter as and when called by the Investigation Officer till the filing of the chargesheet. v) The applicant shall co-operate with the IO in investigation. vi)The applicant is permitted to furnish cash surety by depositing of Rs.l5,000/- as provisional cash surety for a period of four weeks from today. vii)The application stands disposed of. (R.G. KETKAR, J)