Vishal Harishankar Pandey v. The State Of Maharashtra

1 /2ABA-1149-16-21 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1149 OF 2016 Vishal H. Pandey vs. The 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. A.P. Mundergi, Sr. Advocate i/by S.I. Kantharia for the Applicant.

Mrs. N.S.Jain,APP for the Respondent-State.

CORAM :A.S.GADKARI, J.

DATE : 28th September, 2016 P.C.

1) By an order dated 22.7.2016 the applicant was granted interim relief. By the said order the applicant was directed to attend the Investigation Officer on stipulated dates. The learned APP on instructions submitted that the applicant has attended the Investigation Officer on stipulated dates.

2) The learned counsel for the applicant submitted that a perusal of the fist information report would reveal that, the alleged act as contemplated under Section-376 was a consensual act between the complainant and the applicant and it is only after the said fact came to the knowledge of the husband of the complainant, the present crime is registered.

3) After perusing the first information report and the

2 /2ABA-1149-16-21 other documents annexed to the application I find substance in the said contention. In view of the above, the interim relief granted by an order dated 22.7.2016 is hereby confirmed.

3) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)