Shailesh Shivkumar Udhwani v. The State Of Maharashtra

130aba-194-18.doc Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 194 OF 2018 WITH CRIMINAL APPLICATION NO.178 OF 2018 Shailesh Shivkumar Udhwani vs. State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Charan Penthalia for the Applicant.

Mr. S.S.Hulke, APP. for the State CORAM : A.S.GADKARI, J.

DATE : 12th July, 2018 P.C.

1.

By a reasoned order dated 1.2.2018 the applicant was granted interim relief. As has been observed in the said order the informant continued to have physical relations with the applicant even after her marriage upto July,2017. After perusing the record, this Court is of the opinion that, the first informant was a consenting party to the alleged act as contemplated under Section 376(2)(n) of the Indian Penal Code.

2.

The learned APP. on instructions submitted that, the mobile phone of the applicant has been seized by the

130aba-194-18.doc Investigating agency and the same has been sent to Forensic Science Laboratory for analysis. The record indicates that the applicant has attended the Investigating Officer and co-operated in the process of investigation. 3.

In view thereof, custodial interrogation of the applicant for further investigation of the present crime is not necessary.

The interim relief granted by Order dated 1.2.2018 is hereby confirmed. However, the applicant is directed to attend the Investigating Officer as and when called for after receipt of notice under Section 160 of the Cr.P.C. and to join the process of investigation till submission of final report.

5.

Application is allowed in the aforesaid terms. 6.

In view of the order passed in the present application, the application for intervention No.178/2018 does not survive and the same is accordingly disposed off. (A.S.GADKARI, J.)