BANUBEE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally. Rule was granted on 23rd November, 2010. The learned Additional Sessions Judge-2, Aurangabad in Criminal Revision No. 284/2010 on 10th October, 2010 directed Police Custody Remand (PCR) for two days and hence, the female petitioner/(original accused) feels aggrieved thereby and has filed the present writ petition.

(2.) The respondent lodged FIR, giving rise to Crime No. 1-281/2010 for offences punishable under Sections 406, 405 and 506 of IPC and under Section 32(B) of Bombay Money Lenders Act, 1946, on the allegations that, the complainant/respondent had borrowed an amount of Rs. 40,000/- from the petitioner--Banubee with interest @ 5% p.m. and the respondent allegedly pawned gold ornaments, weighing 60 grams and some silver ornaments. It was also canvassed, a bond was executed between the respondent and the petitioner on 17th October, 2009. The respondent also came with a case of repayment of Rs. 42,000/- to the petitioner.

(3.) On 8th October, 2010, the petitioner came to be arrested at around 3.00 p.m. She was produced before the learned 6th JMFC, Aurangabad. The investigating agency sought police custody remand (PCR). However, after hearing the Investigator and learned Advocate for the petitioner/accused, the learned JMFC, rejected the same and directed Magisterial custody remand (MCR) of the petitioner. Thereafter, an application for bail was moved before the learned Judge and he directed release of the petitioner on furnishing PR bond and surety in the sum of Rs. 15,000/- with a condition to attend the concerned police station on 9th October, 2010 from 11.00 a.m. To 2.00 p.m.