(1.) By the present application, the applicant seek her release in anticipation of her arrest in C.R.No.552 of 2020 filed with Satara Taluka Police Station invoking Section 380 read with 34 of Indian Penal Code .
(2.) The applicant was granted protection by the Additional Sessions Judge, Satara alongwith her daughter in connection with the said C.R. However, on 26/11/2020, she was denuded of the protection by recording a finding that prima facie it appears that the articles are removed by her without consent of the informant. The articles alleged to be stolen are some gold ornaments, silver coins and cash. The Sessions Court has admitted that the complainant has not produced receipt of gold ornaments, but record that this is a matter of investigation and in light of the allegations levelled, custodial interrogation is imperative.
(3.) With the assistance of the Learned Counsel for the applicant, I have perused the FIR in question as well as another C.R. No.0551 of 2020 filed by the applicant against the complainant on 20/10/2020 thereby invoking Sections 323 , 451 , 504 , 506 of Indian Penal Code against the complainant. The case that can be discerned from reading of the two complaints is to the effect that the applicant is resident of Taluka Koregaon, District Satara and is serving in the Life Insurance Corporation and at the relevant time was posted at Pune. She had purchased flat No.A-106 in Adarsh Gharkul vide registered agreement dated 15/02/2013 and was put into physical possession of the said flat. The son of the complainant by name Ajinkya, who was also resident of the said scheme, approached the applicant with a request that since work of his Bunglow is in progress, he needs an accommodation for a short span of time for about 4 to 6 months and he would be grateful if applicant accommodates him. In good faith, the applicant permitted him to do so and this was done without any Leave and License Agreement since the parties had trust amongst themselves and the fact that it was for only for a short span of time.