Venubai Shantaram Chavan v. The State Of Maharashtra

Nalawade 1 15-aba-1263-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1263 OF 2018 Mrs. Venubai S.Chavan ....Applicant.

Vs.

The State of Maharashtra ....Respondent.

Mr.R.S.Gamre for the Applicant.

Mr. S.S.Hulke, APP. For the State.

CORAM : A. S. GADKARI, J.

DATE : 31st JULY, 2018.

P.C.:- 1.

By an Order dated 28.6.2018 the applicant was granted interim relief and was directed to attend the Investigating officer on stipulated dates. 2.

Heard the learned counsel for the applicant and the learned APP. Perused the record of investigation.

3.

The record indicates that, in pursuance of the directions issued by this Court the applicant has attended the Investigating Officer and joined the process of investigation. As noted in the Order dated 28.56.2018 the perusal of the first information report as narrated by the prosecutrix who is the daughter in law of the applicant, prima facie creates doubt about the probability of the alleged incident of sexual assault which took place in the 1/2

Nalawade 2 15-aba-1263-18.doc month of May, 2017 at about 2.00a.m. in the matrimonial house of the prosecutrix. The applicant is a woman aged about 60 years and is suffering from severe arthritis.

4.

In view thereof, the interim relief granted by Order dated 28.6.2018 is hereby confirmed however, the condition to attend the Investigating Officer is waived.

5.

Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) 2/2