Cri. Bail Appln. No.519 of 2022 (Or Exh.1)
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IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.519 of 2022
CNR No.MHNS010020362022
Smt. Sushma Premji Jadhav
Age : 49 years, Occ : Service
R/o : Flat No.6, Navle Chawl,
Chide Mala, Nashik­Road.

… Applicant/Accused.

V/S
State of Maharashtra
Through – P.I. Nashik­Road
Police Station
(C.R. No.I­118/2022)
…
Respondent/State.

Appearance :
Ld. Adv. Shri. Kshama U. Bhadange for Applicant/Accused.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent/State.
ORDER BELOW EXH. No.1
(Delivered on 29th April, 2021)
1.

This is an application filed under Section 438 of Criminal
Procedure Code for grant of anticipatory bail in C. R. No. I­ 118/2022
registered with the respondent Nashik­Road Police Station for an
offence punishable under Sections 420, 468, 471 and 406 of the
Indian Penal Code.
2.

Perusal of the F.I.R. reflects that, during the audit of the
Nashik Municipal Corporation, it reflects that from 16 th July­2020 to
08th March, 2022, when the Chehadi Billing Center of Nashik
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Cri. Bail Appln. No.519 of 2022 (Or Exh.1)
Municipal Corporation was closed, it revealed that applicant accepted
the money from the public and issued the receipts by using the
password of the Computer and misappropriated an amount of
Rs.21,79,862/­.
3.

It is the case of the applicant that, she is an innocent and
she is falsely implicated in this case. She is permanent resident of the
address given in the title clause. Applicant is a lady and she is
suspended. At present she is at Satpur Office of Nashik Municipal
Corporation. Applicant is ready to abide by the terms and conditions.
Therefore, prayed to allow the application.
4.

Respondent filed the reply vide Exh.6 and objected to
allow the application. It is the case of the respondent that,
investigation is at primary stage. Custodial interrogation of the
applicant is necessary. Her writing samples are to be taken and the
documents required to be confronted to her. Therefore, prayed to
reject the application.
5.

Heard Ld. Advocate for applicant and Ld. A.P.P. for
State. Perused the police­papers produced for inspection of this
Court.
6.

Upon hearing and going through the material placed on
record, what can be gathered is that, an amount of Rs.21,79,862/­
has been misappropriated, which is a public money. The allegations
leveled against the applicant is serious. Applicant had collected the
money from the public and issued receipts and used the Computer of
the Nashik Municipal Corporation. This Court finds that, custodial
interrogation of the applicant with the Police is necessary to confront
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Cri. Bail Appln. No.519 of 2022 (Or Exh.1)
about the documents and so also the recovery is to be made of the
misappropriated money. Further, the hand­writing samples of the
applicant is also required to be taken. Just because the applicant is a
lady that does not mean that, she is entitle as of right for pre­arrest
bail. In the result, the application fails. Hence, the order.
ORDER
Criminal Bail Application No.519/2022 is
rejected disposed off accordingly.
Place : Nashik.
Date : 29/04/2022
MUSHTAQUE
HUSSAIN
SHAIKH
Digitally signed by
MUSHTAQUE HUSSAIN
SHAIKH
Date: 2022.04.30 11:02:06
+0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.