Binadevi Manojsingh Chouhan v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 129 OF 2017 Smt.Binadevi Manojsingh Chouhan ...Applicant

Versus

The State of Maharashtra

...Respondent

......

Mr.Rajesh A. More for the Applicant.

Mr.Rajan Salvi, APP for the Respondent-State. ......

CORAM: MRS.MRIDULA BHATKAR,J.

DATE : 3rd March 2017 P.C.:

1.

Not on board. Taken on board.

2.

The learned counsel for the applicant-accused submits that the applicant-accused is prosecuted for the offences punishable under sections 363, 366 (a), 370, 370 (a), 372, 373, 376 (2) (I), 342, 323, 504, 506 and 34 of the Indian Penal Code and 5 (L), 6, 17 of the Protection of Children from Sexual Offence Act 2012 and 3 (1), 4, 5, 6

(1) (2) (k) of Prevention of Immoral Traffic Act 1956. She is granted bail by order dated 24th January 2017 passed by the learned District Judge-2 & Additional Sessions Judge, Raigad-Alibag in Criminal Miscellaneous Application No. 25 of 2017, wherein she is directed to furnish P.R.bond of Rs. 25,000/- with local surety of like amount.

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The learned counsel further submits that the husband of the applicant-accused has committed main offence and he is inside the prison. The bail is granted in January 2017. Since last one month, the applicant-accused is trying to get the bail. She could not make an arrangement of local surety. Her two minor children are sent to remand home. Both the parents are in the jail. He has further submitted that she be allowed to furnish the surety from Pune or Mumbai.

4.

The learned prosecutor opposed this application on the ground that she and her husband were involved in the case of prostitution.

5.

In view of this submission and after going through the order passed by the learned District Judge-2 & Additional Sessions Judge, Raigad-Alibag and considering the role of the applicant-accused, the condition no. 2 is modified and to be read as follows:

ORDER

"The applicant be released on bail upon furnishing P.R. Bond in a sum of Rs.25,000/- with one or two local sureties from Pune or Mumbai in the like amount and also directed to deposit an amount of Rs. 10,000/- by cash with the Special Court, RaigadAlibag".

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In view of this, Criminal Application is allowed and disposed of accordingly.

(MRIDULA BHATKAR, J.)