SNEHA MAKWAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 27/3/2024 for the alleged offence under Sec. 406, 420, r/w 120(B) of I.P.C. in Crime No.10 of 2017 on the file of the respondent police, seeks bail.

(2.) The case of prosecution is that the defacto complainant is running the business of selling diamonds at Chennai and Surat. The petitioner's husband is a Gemologist, who was working at Chennai. At that time, the defacto complainant used to visit petitioner's husband for checking quality of diamonds, thereby both petitioner's husband and defacto complainant acquainted with each other. However, during the month of December 2014, the petitioner's husband under the guise of introducing diamond merchants at Mumbai, approached him without making payment for diamonds worth about Rs.69,88,120.00 has sent to Mumbai by entering into an agreement that the petitioner's husband has no right to sell or mortgage diamonds. Moreover, the allegation against this petitioner is that the said diamonds were sent to Mumbai through priority courier by this petitioner to A3 and A4, who are diamond merchants in Mumbai and subsequently neither the amount was paid nor the diamonds were returned by her husband. Accordingly, the complaint was registered against the petitioner.

(3.) The learned senior counsel appearing for petitioner submitted that the petitioner is wife of A1 and she was employed in a private concern and she is no way connected with the alleged dealing of A1 with the defacto complainant in respect of selling diamonds nor she has received any diamond from the defacto complainant. He would also submit that there is no specific overtact attributed against the petitioner and she has not at all committed any of offence as alleged by the respondent police. He would submit that she has been falsely implicated in this case and she will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 33 days from 27/3/2024. Hence, he prayed to grant bail to the petitioner.