BA 331­18
1
IN THE SPECIAL COURT FOR CBI AT GREATER BOMBAY
BAIL APPLICATION NO. 331 OF 2018
IN
RA No. 211 OF 2018
Kavita Mankikar
W/o. Ravikiran Mankikar
R/o. Jer Villa, 3rd Road, TPS­III,
Santacruz(E), Mumbai
}
}
}
}… Applicant/Accused
In the matter of
The State ­ CBI/Bank Securities &
Fraud Cell, Mumbai
}
}
}…Complainant
Versus
Nirav Modi and Ors
}
}…Accused
CORAM:
DATED:
HIS HONOUR JUDGE
SHRI S.R. TAMBOLI
(COURT ROOM NO.47)
4.05.2018
Appearance:
SPP Mr. Sharma for the CBI, BS and FC.
Advocate Mr. R. S. Agarwal for the applicant/accused.
ORDER
In the instant application, applicant/accused has prayed for
interim bail as per section 439 of Cr. P.C. She has been arraigned as an
accused in FIR bearing no. RC 01/E/2018 for the offence under section
120­B r/w. 420 of Indian Penal Code, 1860 and under section 13(2)
r/w. Section 13(1)(d) of Prevention of Corruption Act, 1988.

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2.

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Ld. counsel for applicant submitted that, she was residing
alongwith Shrilata Anant Kalbag for a period of last 35 years. On
30/04/2018 she died. On 12/05/2018, post funeral ceremony named as
” thirteenth day” will be held at the residence of the applicant. Deceased
is wife of brother of her Mother­in­law. Hence, interim bail be granted
for attending said post funeral ceremony.
3.

Per contra Ld. PP for CBI, BS and FC submitted that deceased is
not close relative of the applicant. Deceased is wife of brother of her
mother­in­law. Therefore, she is not supposed to perform any rites and
rituals. Bail can not be granted for attending the function of ritual.
Hence, he prayed to reject the application.
4.

Ld. Counsel for applicant placed reliance on the decision of
Hon’ble Bombay High Court. It is delievered in Nusrat @ Nasrat Ali
Mohammd Idris Khan V/s. The State of Maharashtra 2015 SCC
OnLine Bom 2758. In said case father of the accused was expired.
Interim bail was granted to applicant on humanitarian ground. Police
escort was provided to him to attend funeral ceremony.
5.

Relying on the aforesaid decision, Ld. Counsel for the applicant
prayed for the bail on suitable conditions.
6.

In
Nusrat @ Nasrat Ali’s case (Supra) the father of accused
was expired. In the present case close relative of the applicant is not
expired. Close relative of the deceased are his husband and her other
relatives. Applicant comes in the category of very distant relatives. Her
attendance to said function is not necessary. Bail can not be granted just
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to attend the function. Case of Nusrat @ Nasrat Ali’s case(supra) is
distinguishable on its own facts. Therefore, this court found no
substance in the contention of Ld. Counsel of the applicant.
7.

In the result, application deserves to be dismissed. Hence, I pass
following order:
ORDER
Application is dismissed.
04.05.2018
Dictated on
: 04.05.2018
Transcribed on : 05.05.2018
Signed on
: 05.05.2018
(S.R. TAMBOLI)
Special Judge(CBI)
Gr. Bombay
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE
05.05.2018
Name of the Judge
TIME
2.00 p.m.

Date of Pronouncement of
Judgement/Order.
Judgement/order signed by P.O on
Judgement/order uploaded on
NAME OF STENOGRAPHER
Mrs. R. S. Bhor
HHJ Shri S.R. Tamboli
(CR No.47)
04.05.2018
05.05.2018
05.05.2018