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2025 DAILYLAW 26632 (BOM)

RAVITA SURESH GHATUL ALIAS RAVITA PRAKASH MHASKE v. THE STATE OF MAHARASHTRA AND ANOTHER

ABA/1445/2025 · 2025-10-17

Shri Neeraj P Dhote

body2025

Judgment text

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1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. 933 ANTICIPATORY BAIL APPLICATION NO.1445 OF 2025 Ravita Suresh Ghatul Alias Ravita Prakash Mhaske ..Applicant Versus The State of Maharashtra And Another ..Respondents ….. Shri. Shirish M. Kamble, Advocate for the Applicant Shri. N. D. Batule, APP for the Respondents - State. Shri. Santosh S. Waybase h/f Shri. Ravi B. Gite, Advocate for Assist to P.P. / Informant ….. CORAM : NEERAJ P. DHOTE, J. Dated : OCTOBER 17, 2025 PER COURT :- . Heard the learned Advocate for the Applicant, the learned APP for the State and the learned Advocate for the Informant. Perused the papers on record. 2. The Husband of the Applicant, who is Accused No.1, is the Proprietor of the Kirana shop. The said Kirana shop is in the name of the Applicant. The Applicant’s Husband told the small shop keepers that, if they purchase the grocery in one go or in large quantity, they will get the same in less prices and subsequently the same can be sold when the price of the product hikes resulting in profit. Therefore, the said small shop keepers gave money to the Applicant’s Husband to purchase the grocery in the bulk. The Applicant’s Husband purchased the same in the bulk, and neither returned the grocery nor profit to the said small 2025:BHC-AUG:29876 2 shop keepers. When they asked for the profit, the blank cheques under the signature of the Applicant were given to them, which were dishonoured. With this Complaint, the Crime bearing No.0273 of 2025 came to be registered with the Pundliknagar Police Station, Dist. Chhatrapati Sambhajinagar for the offence punishable under Sections 3(5), 336(3), 338, 316(2), 318(4) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) against the Applicant and her Husband. 3. It is submitted by the learned Advocate for the Informant and the learned APP for the State that, the role attributed to the Applicant is that she was the owner of the Kirana shop. Admittedly, it is not the case of the Prosecution that, the Applicant gave false promise to the said small shop keepers. The complaints for the offence under Section 138 of the Negotiable instruments Act are filed against the Applicant by the persons who received the cheques from the Applicant’s husband. The Applicant’s Husband was arrested and released on bail. Considering these aspects of the matter and the role attributed to the Applicant, she can be protected. It is needless to state that the observations made above are restricted to this application. Hence, the following order is passed. O R D E R i) The Application is allowed. ii) In the event of arrest of the Applicant, namely, Ravita Suresh Ghatul Alias Ravita Prakash Mhaske in connection with Crime No.0273 3 of 2025 registered with Pundliknagar Police Station, Dist. Chhatrapati Sambhajinagar, she be released on bail on executing P.B. of Rs.30,000/- (Rupees Thirty Thousand) with one or two surety/sureties in the like amount. iii) The Applicant shall attend the concerned Police Station as and when called. iv) The Applicant shall not tamper with the evidence of the Prosecution in any manner. v) The Applicant shall co-operate with the investigating machinery. vi) The Application stands disposed off. ( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 17/10/2025 19:55:15