Kokilaben Sudhir Parekh v. The State Of Maharashtra

21 aba 1358-17=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1358 OF 2017 Smt. Kokilaben Sudhir Parekh ... Applicant V/s.

The State of Maharashtra ... Respondent ----- CRIMINAL APPLICATION NO. 892 OF 2017 IN ANTICIPATORY BAIL APPLICATION NO. 1358 OF 2017 Mrs. Pinky Rushabh Parekh ... Intervenor/Applicant

IN THE MATTER BETWEEN

Smt. Kokilaben Sudhir Parekh ... Applicant V/s.

The State of Maharashtra ... Respondent -------- Ms. Racheeta Dhuru for the Applicant.

Ms. P.N. Dabholkar, APP for the Respondent/State. CORAM : A.S.GADKARI, J.

DATE : 8th JANUARY, 2018 P.C.:

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By a reasoned Order dated 31.07.2017, the Applicant was granted interim relief.

Heard the learned Counsel for the Applicant and the learned APP. Perused the record of investigation.

Sneha Chavan 1/2

21 aba 1358-17=.doc The record indicates that the police have taken house search of the Applicant on 16.08.2017, however no articles belonging to the first informant are found in the said premises. It is to be noted here that the husband of the first informant i.e. the son of the Applicant has been granted pre-arrest bail by the Sessions Court and the application of the Applicant was rejected solely on the ground that the Investigating Officer was to effect recovery of the articles of the informant from the Applicant.

As noted above, after taking search of the house of the Applicant, the police could not locate/find any articles mentioned in the first information report therein.

After taking into consideration the facts of the present case, this Court is of the view that, custodial interrogation of the Applicant for the further investigation of the present crime is not necessary. In view of the above, interim relief granted by an Order dated 31.07.2017 is hereby confirmed.

Application is allowed in the aforesaid terms. In view of the order passed in ABA No. 1358 of 2017, the present application No. 892 of 2017 for intervention does not survive and is accordingly, disposed off.

(A.S.GADKARI, J.) Sneha Chavan 2/2