MUMBAI: The Bombay high court on Monday granted bail to a woman arrested in a ₹2.45 crore cheating case, on humanitarian grounds as she had two minor children under her care.
The cheating case against the woman, Nilam Divesh Narodiya, was registered on February 25. Narodiya’s husband and two others were also named as accused of forging documents and cheating various complainants of crores of rupees. They were arrested on April 4 and remanded to police custody till April 11 before being transferred to judicial custody. After her bail application before the Nashik sessions court was rejected on May 7, Narodiya approached the high court.
Advocate Jaydatta Khoche stated that her custody was irrelevant in the case. He submitted that she had two children, aged three and eight, to take care of. Ever since her arrest, Narodiya’s children have been deprived of their mother’s care and custody, he said.
Additional public prosecutor Megha S Bajoria opposed the plea as only ₹95 lakh of the total cheated sum has been repaid to the victims. Narodiya’s bail application can be considered on humanitarian grounds as the two minor children required care and custody of their mother.
Considering purely on the circumstances of the accused having two minor children, and keeping in mind their well being, the single-judge bench of justice Ashwin Bhobe granted relief to her by allowing her bail application. “Further, the offence, as alleged in the crime, is a non-violent crime. It is not the case of the prosecution that the applicant is likely to flee the jurisdiction or abscond in the event bail is granted,” it noted.
{{/usCountry}}Considering purely on the circumstances of the accused having two minor children, and keeping in mind their well being, the single-judge bench of justice Ashwin Bhobe granted relief to her by allowing her bail application. “Further, the offence, as alleged in the crime, is a non-violent crime. It is not the case of the prosecution that the applicant is likely to flee the jurisdiction or abscond in the event bail is granted,” it noted.
{{/usCountry}}In view of the state’s no objection to the bail application on humanitarian ground, the court directed the authorities to release Narodiya upon furnishing a personal bond of ₹50,000, with one or two sureties in the same amount.
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