Neha Sunil Shetye And ANR v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 269 OF 2015 IN CRIMINAL REVISION APPLICATION NO. 305 OF 2015 WITH CRIMINAL APPLCIATION NO. 270 OF 2015 IN CRIMINAL REVISION APPLICATION NO. 305 OF 2015 Mrs. Neha Sunil Shetye and another ... Applicants

Versus

State of Maharashtra ... Respondent Mr. R.S. Gupta along with Mr. Sushan Kunjuraman for the applicants. Smt. V.S. Mhaispurkar, A.P.P. for the State.

CORAM : M.L. TAHALIYANI, J.

DATED : JULY 07, 2015 P.C.

Matter not on board. Taken on board.

2.

Heard learned counsel for the applicants and learned A.P.P. for the State.

3.

Applicant no.1 has been convicted by the Metropolitan Magistrate for the offence punishable under section 354 of the Indian Penal Code and the applicant no.2 is convicted for the offence punishable under section 354 read with section 109 of I.P.C. Their appeal has been dismissed and therefore, they are taken into custody. Both of them are in custody at present.

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I have gone through the evidence of victim girl. Learned counsel for the applicants submits that applicant no.2 had affair with applicant no.

1. The husband of applicant no.2 was staying separately. It is brought to my notice that the husband of applicant no.2 had taken the victim girl to the police station. It is contended that husband of applicant no.2 has manipulated the case and filed false case against the applicants. This issue needs to be examined at the time of hearing of the revision application. It is also noted that the victim is daughter of applicant no. 2. 5.

In view of what has been stated by me hereinabove, it is directed that the applicants shall be released on bail in the sum of Rs.15,000/- each with one surety in the like amount or cash deposit of Rs.15,000/- each in lieu of surety. The substantive sentences imposed on the applicants shall remain suspended during the pendency of the revision application. These two applications are disposed of accordingly.

(JUDGE)