Cri. Bail Appln No.1193of 2022 (Or. Exh.1)
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK, AT – NASHIK.

( Presided over by Mr. M. H. Shaikh) Criminal Bail Application No.1193 of 2022 CNR No. MHNS010051272022

Sonali Sahebrao Pawar
Age : 34 years, Occ : Business
R/o : Plot No.38/494/1­A,
Ashok Nagar, Satpur, Nashik. … Applicant/Accused.

V/S

State of Maharashtra
Through – P.I. Ambad Police
Station (C.R. No.I­56/2022) … Respondent/State.

Appearance :

Ld. Adv. Shri. Shivaji Vanare for Applicant/Accused.

Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent/State.

Ld. Adv. Shri. M. M. Shinde for Complainant/Intervenor.

Shri. Sandip R. Pawar, P.S.I. (I.O.) present.

ORDER BELOW EXH. No.1
( Delivered on 31 st October, 2022)

1. This is an application under Section 438 of Criminal Procedure Code for grant of pre­arrest bail in C. R. No. I­56/2021 registered with the respondent Ambad Police Station for an offence punishable under Sections 420, 406, 467, 468, 471 & 120­B r/w 34 of the Indian Penal Code.

2.Read the application and the say. Heard Ld. Advocate for the applicant, Ld. A.P.P. for State and the I.O. in person. Perused the written notes of arguments filed by Ld. Advocate for the complainant/intervenor, which is at Exh.11.

3.This is the forth pre­arrest bail application filed by the applicant in this Court. The first bail application was bearing No.140 of 2022, the second bail application was bearing No.362 of 2022 and the third bail application was bearing No.856 of 2022.

4.It is a settled law that, the successive bail applications can be entertained by the Court, only when there is a change in circumstances. In the case in hand, it is the contention of the applicant that, on a private complaint filed by her against the complainant herein, the Ld. J.M.F.C. took the cognizance and directed an inquiry under Section 202 of Cr.P.C. The Ld.J.M.F.C. after considering the report under Section 202 of Cr.P.C. held that, there is a prima­facie case made out by the complainant i.e. the applicant herein and issued process against the complainant/intervenor under Section 420 and 406 r/w 34 of the I.P.C.

5.It is a fact that, the private complaint was lodged by the applicant against the complainant/intervenor in the Court and thereafter the present Crime was registered by the Police against the applicant and others. This position was there, when the previous bail applications of the applicant came to be rejected. Only change now is that, the process is issued by the Court against the complainant/intervenor. Therefore, this Court finds that, that can not be said to be change in circumstances. Therefore, the application in hand, is not maintainable.

6.As far as the merits of the case is concerned, this Court had in the previous bail applications had made observations that, custodial interrogation of the applicant is necessary with the Police to find out the alleged by named the person Kapadnis. Unless, the applicant is interrogated, the investigation will not proceed further. The investigation is stand stilled since long and there is no progress in it and this is just because the applicant is filing application after application, despite the earlier applications being rejected. The Hon’ble High Court also had rejected the pre­arrest bail application of the applicant, holding that custodial interrogation is necessary of the applicant. Therefore, this Court hold’s that the application is devoid of merits and requires to be rejected. Hence, the order.

ORDER
1.Criminal Bail Application No.1193 of 2022 stands rejected.

2.Inform concerned Respondent/Police Station accordingly.

Digitally signed by MUSHTAQUE MUSHTAQUE HUSSAIN HUSSAIN SHAIKH SHAIKH Date: 2022.10.31 13:48:47 +0530 Place : Nashik. (M. H. Shaikh) Date : 31/10/2022 Additional Sessions Judge, Nashik.