Bombay High Court
Chhavi Prakash Srivastava And Another vs The State Of Maharashtra on 6 May, 2022
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
951-aba-586-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
951 ANTICIPATORY BAIL APPLICATION NO.586 OF 2022
1. Chhavi Prakash Srivastava
2. Preeti Prakash Srivastava ... Applicants
Versus
The State of Maharashtra ... Respondent
...
Mr. Vinod P. Patil, Advocate for applicants.
Mr. A. M. Phule, for the respondent - State.
...
CORAM : SMT. VIBHA KANKANWADI, J.
DATE : 06.05.2022
ORDER :-
. Heard learned Advocate appearing for the applicants.
2. Learned APP strongly opposes the application for grant of any interim relief. He submits that the matter is coming for the first time and he is yet to receive the police papers, however, taking into consideration the role attributed to the applicants in the First Information Report, interim protection need not be granted.
3. Perusal of the FIR that has been lodged by one Rahul Arun Dayma on 16.12.2021 would show that the occurrence of the offence was between 08.12.2017 to 16.05.2018. Thus, prima facie there appears to (1) ::: Uploaded on - 07/05/2022 ::: Downloaded on - 08/05/2022 04:44:12 ::: 951-aba-586-2022.odt be a belated FIR. Secondly, it can be seen that it pertains to some financial transaction. According to the informant, he had transferred amount of Rs.25,00,000/- in the account of applicant No.2. He admits that amount of Rs.9,50,000/- has been returned and then he says that he has been cheated for Rs.15,15,000/-. It appears that the transaction is civil in nature for which criminal angle appears to have been given. Further, it also shows that certain cheques were given towards the transaction and upon presentation of those cheques, they were dishonoured, but the contents of the FIR are silent about lodging any complaint under Section 138 of the Negotiable Instruments Act. Under these circumstances, till the papers are perused, the applicants deserve to be protected.
4. Issue notice to the respondent. Learned APP waives notice for the respondent - State. Stand over to 23.06.2022.
5. In the meantime, in the event of arrest of applicant No.1 - Chhavi Prakash Srivastava and applicant No.2 - Preeti Prakash Srivastavga in connection with Crime No.484 of 2021 registered with Bhusawal- Bazarpeth Police Station, Dist. Jalgaon for the offences punishable under Sections 406, 420 read with Section 34 of Indian Penal Code, he be released on P. R. Bond of Rs.50,000/- with two solvent sureties of (2) ::: Uploaded on - 07/05/2022 ::: Downloaded on - 08/05/2022 04:44:12 ::: 951-aba-586-2022.odt Rs.25,000/- each.
6. The applicants shall remain present before the Investigating Officer on every Sunday between 10.00 a.m. to 2.00 p.m. till further orders and cooperate with the investigation.
7. They shall not tamper with the evidence of the prosecution in any manner.
8. They shall not indulge in any criminal activity.
[SMT. VIBHA KANKANWADI, J.] scm (3) ::: Uploaded on - 07/05/2022 ::: Downloaded on - 08/05/2022 04:44:12 :::