Bombay High Court
Sharmila Shamrao Shete vs The State Of Maharashtra on 3 April, 2019
Author: P.N. Deshmukh
Bench: P.N. Deshmukh
901.ABA.809.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 809 OF 2019
Sharmila Shamrao Shete ... Applicant
Versus
The State of Maharashtra ... Respondent
Mr. Abhishek Avachat for the Applicant.
Ms. S.S. Kaushik, A.P.P. for the Respondent - State.
Ms. Mrudula Naik, P.I. A.C.B. Nashik, present.
CORAM : P.N. DESHMUKH, J.
DATED : 3rd APRIL, 2019.
P.C. :
1 Issue notice. Learned A.P.P. waives service of notice for
respondent-State. Heard learned Counsel for applicant and learned A.P.P.
Perused the case diary.
2 Applicant is wife of accused Shamrao, involved in Crime No.15
of 2019 registered for the offence punishable under Sections 13(1)(e) r/w
13(2) of Prevention of Corruption Act and Section 109 of I.P.C. It is the
case of applicant that she has independent source of income since she is
running beauty parlour and also having tuition classes during the open
enquiry period between 1986 to 2012 and as such has no role to play in the
present crime. Learned Counsel had referred to the income tax returns of
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applicant of the relevant period and has submitted that since applicant has
independent source of income and is already interrogated by Investigating
Officer, she be granted interim bail with suitable directions. It is also
submitted that co-accused Shamrao is granted interim bail by the Hon'ble
Supreme Court of India observing that said accused has joined
investigation on number of occasions. Copy of order dated 11.03.2019
granting interim protection to co-accused, is placed on record.
3 Learned A.P.P., on instructions, had opposed the application
on the ground that applicant during her interrogation had not produced
any document establishing her independent income from out of her
business of beauty parlour and from the alleged tuition classes held by her.
It is contended that applicant had also not produced her income tax returns
of the relevant period to establish her income source.
4 Considering the rival submissions and fact of protection to
co-accused by the Hon'ble Apex Court, since applicant is also found
referred to be interrogated to facilitate further investigation as has been
contended by learned A.P.P., her custodial interrogation is not found
necessary. In the circumstances, following interim order is passed by
imposing conditions :
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ORDER
(i) In the event of arrest of applicant in C.R. No.15 of 2019 registered with Sarkarwada Police Station, Nashik, for the offences punishable under Sections 13(1)(e) r/w 13(2) of Prevention of Corruption Act and Section 109 of I.P.C., at the instance of authorities of Anti Corruption Bureau, applicant shall be released on bail on executing P.R. Bond in the sum of Rs.50,000/- with one surety in the like amount;
(ii) Applicant shall attend Investigating Officer from 05.04.2019 and thereafter as and when called by the Investigating Officer till the adjourned date and shall produce the documents establishing her independent source of income as above stated along with income tax returns.
(iii) Stand over to 30.04.2019.
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