IN THE COURT OF SESSIONS AT DINDOSHI (BORIVALI DIVISION), GOREGAON, MUMBAI ANTICIPATORY BAIL APPLICATION NO.1877 OF 2022 IN ( Crime No. 5 7 4 of 2022 of Vanrai Police Station )
Mrs. Deepali Kedar Satam,
Aged : 41 years, Occ :Service,
Residing at Flat No. 604, ‘I’ Wing, Timber Green Homes, Ketakipada,
Before Dahisar Toll Naka, Dahisar(E), Mumbai. Suburban District 400068. ..Applicant
Vs
The State of Maharashtra (through Vanrai Police Station, Mumbai. Vide C.R.No.574 of 2022)
..Respondent
Ld. Advocate Shri. Arun Jadhav for the applicant.
Ld. APP Smt. Poornima Chauhan for the State/respondent.
CORAM : SHRI A.R.QURESHI ADDITIONAL SESSIONS JUDGE, COURT ROOM NO.06. DATE : 8th December, 2022 ORAL ORDER
1. Applicant namely “Mrs. Deepali Kedar Satam, ” has sought pre arrest bail in connection with crime no.574 of 2022 for the offences punishable under section 406, 420, 465, 468, 471 of Indian Penal Code, registered with Vanrai Police Station, Mumbai.
2.Read application, perused the copy of I.O. vide Exh.4 i.e say of prosecution/respondent. Further perused the copy of FIR in crime No. 574 of 2022 and also perused the documents produced by the applicant as per the list of documents on record, copy of Bank Statement in name of applicant Mrs. Deepali Kedar Satam, copy of the application in respect of another coaccused Kedar Sudhakar Satam, not against the present applicant.
3.According to the learned counsel for the applicant, when the FIR is registered against the applicant’s husband, there is no role of present applicant. No amount is credited to the bank account of the applicant i.e.alleged amount of fraud, cheating. Already husband of the applicant is arrested. He is in Judicial Custody. As such, applicant’s custody is not required and no custodial interrogation is necessary of the applicant. Hence, He submitted to release him on bail.
4.Learned APP Smt. Poornima Chauhan for the respondent/state had also strongly opposed this application contending that applicant is the wife of main accused Mr. Kedar Sudhakar Satam, who is arrested previously and there is fraud of Rs. 4,74,00,000/. Therefore, according to the respondent/state, the custody of the applicant is required and custodial interrogation is also needed. Hence, she submitted to reject the the bail application.
5.I.O. P.I. Smt. Rani L.P. has strongly opposed this application contending that the investigation is not completed. Applicant is the wife of main accused. The main accused Mr. Kedar Sudhakar Satam is arrested on 10/10/2022. Now the amount of fraud is Rs. 4,74,00,000/ and the role of the applicant is there and she support the main accused i.e. husband . Hence, he submitted that the custodial interrogation of the accused is required.
6.I have carefully perused the report of I.O. i.e Exh.4 , copy of FIR, prima facie it appears that there is a role of applicant being a wife of main accused Mr. Kedar Sudhakar Satam. Further, report of I.O. vide Exh.4 discloses prima facie that some of the amount is credited in the bank account of applicant Mrs. Deepali Kedar Satam. As such considering the nature of the offences, allegations and the fraud of Rs. 4,74,00,000/ and having regards to the gravity of offences and allegations levelled by the applicant, prima facie found that certainly the custody of the applicant is required. Hence, in such circumstances, I am not inclined to allow the application. Hence, application deserves to be rejected. Hence, I proceed to pass following order.
ORDER
1) Anticipatory Bail Application No.1877 of 2022 u/sec.438 of Cr.P.C. as filed by applicant Mrs. Deepali Kedar Satam, in Crime no.574 of 2022 of the offences u/s.406,420, 465, 468, 471 of Indian Penal Code, registered with Vanrai Police station, Mumbai is hereby rejected and disposed of accordingly.
2) Order pronounced in Open Court.
3) Proceeding closed.
Digitally signed by AJMATULLA AJMATULLA RAHIMTULLA RAHIMTULLA QURESHI QURESHI Date: 2022.12.14 16:32:41 +0530 ( A. R. Qureshi) Dt. 08/12/2022 Additional Sessions Judge, Borivali Div.,Dindoshi, Mumbai Dictated on : 08/12/2022 Transcribed on : 08/12/2022 Corrected on : 14/12/2022 Signed on : 14/12/2022 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER” Date : 14/12/2022 Ms. S.S.Chudji Time : 04.30 P.M. (Stenographer GradeI)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (with Court room no.) HHJ A. R. Qureshi (C.R.No.6) Date of Pronouncement of JUDGMENT/ORDER 08/12/2022 JUDGMENT/ORDER signed by P.O. on 14/12/2022 JUDGMENT/ORDER uploaded on 14/12/2022