LAWS(MPH)-2003-1-160

ARCHANA Vs. STATE OF M P

Decided On January 22, 2003
ARCHANA Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) ACCUSED applicant has filed this application under section 438 CrPC for grant of anticipatory bail as she apprehends her arrest in connection with Crime No. 254/02, registered at Police Station Palasia, Indore, for the offences under sections 420,406, 467, 468,471 and 120 -B/34 IPC.

(2.) THE aforesaid offences have been registered on the basis of a report lodged by the Manager, State Bank of India (Evening Branch) Palasia, Indore, that one Anil Saraf opened a Joint Savings Bank Account (No. 01190019648) along with his wife (applicant herein) in the said Branch of the Bank. On 18.4.2002, Shri Anil Saraf deposited two cheques for a sum of Rs. 77,90,500/ - and Rs. 86,40,900/ - which were to be cleared from the State Bank of India, Baroda Branch. The cheques were also taken by the accused himself for collection. Subsequently, the Indore branch received an advice from Baroda branch through courier regarding encashment of those cheques and on 4.5.2002, Anil Saraf, Sandeep Karnik and one Vikas Joshi tried to collect a sum of Rs. 9,00,000/ - through withdrawal form and Rs. 10,00,000/ - through cheque from the said account, against the said credit advice.

(3.) THE submission of Shri Jaisingh, counsel for the applicant is that there is no allegation against the applicant to connect her with the crime in question. He further submits that challan has been filed in this case and that the co -accused persons namely, Praveen Jain and Balmukund have already been granted regular bail by this Court. By placing reliance on the decision in the case of Gurbaksh Singh, reported in AIR 1980 SC 1632 and also on decisions reported in 1982 CrLJ Vol. -II, NOC 57 and 1986 (1) Crimes 207, he vehemently prayed for grant of anticipatory bail.