Ayesha Bushra Zakaullah Shaikh v. Mohd.Zakaullah Anisul

29-APPLN-156-23 SPM.DOC Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.- 156 OF 2023 XYZ ... Applicant Vs.

State of Maharashtra and Others

...Respondents

Mr. Nizamuddin Khan with Sheeba Khan, for Applicant. Mr. Bapu Vitthalrao Holambe Patil, APP for State. CORAM:- N. J. JAMADAR, J.

DATED:- 4th MARCH, 2024 PC:- 1) Heard the learned Counsel for the applicant.

2) This is an application for cancellation of bail granted by the learned Special Judge to the respondent No. 2, who is the husband of the applicant.

3) Prima facie, it appears that the allegations were made primarily against the brother-in-law of the applicant for having subjected the applicant to sexual exploitation. 1/2 The order corrected as per order dated 28th March, 2024

29-APPLN-156-23 SPM.DOC 4) The role attributed to the respondent No. 2 was that of having condoned the said act on the part of the brother of the respondent No 2.

5) The learned Counsel for the applicant submitted that the learned Special Judge did not appreciate the aspect of the allegations of the sexual assault while the applicant was a minor. It was submitted that the marriage of the applicant was solemnised with respondent No. 2, while she was still a minor. 6) The learned Special Judge, in the backdrop of the nature of the accusation against the Respondent No. 2 and the fact that the applicant and the respondent No. 2 have a three-year-old daughter, considered it expedient to exercise the discretion to release respondent No. 2 on bail.

7) It appears that the genesis of the alleged offences is in marital discord between the parties.

8) Thus, at this length of time, there is no propriety in entertaining the application for cancellation of bail. 9) The application stands rejected.

[N. J. JAMADAR, J.] 2/2 The order corrected as per order dated 28th March, 2024