Seema Durgesh Sharma v. State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 289 OF 2022 Seema Durgesh Sharma ..Applicant v/s.

The State of Maharashtra & Anr.

..Respondents Mr. Vinod Pandey i/b. Mr. Ashwin Tripathi for the Applicant. Mrs. S.S.Kaushik, APP for the State.

PSI Khanvilkar, Kandivali P.stn. present CORAM : ANUJA PRABHUDESSAI, J.

DATED : 23rd MARCH, 2023.

P.C.

1.

By this application, the Applicant has sought to cancel the bail granted to the Respondent No.2- husband, by the learned Sessions Judge, vide order dated 13th July, 2022 in ABA/1099/2022. 2.

Heard learned Counsel for the Applicant and learned APP for the State. Perused the records and considered the submissions advanced by learned Counsel for the respective parties. 3.

The marriage of the Applicant and the Respondent No.2 was solemnized on 15.6.2014. The Applicant has stated that at the time PRASANNA P SALGAONKAR of her marriage, her parents had given her ornaments, details of PRASANNA P SALGAONKAR Date: 2023.03.27 19:26:42 +0530

which are mentioned in the FIR. The FIR reveals that the Applicant is residing with her parents since the year 2017. She lodged the FIR on 17.03.2022 alleging that she was subjected to physical and mental cruelty and that her in laws have not handed over her Stridhan, and have misappropriated the same. Apprehending his arrest, the Applicant filed an application for prearrest bail which was allowed by the learned Sessions Judge, vide order dated 13th July, 2022.

4.

The applicant has sought cancellation of bail on the ground that her Stridhan is not yet received. Learned APP states that the Respondent No.2 and other co-accused were duly interrogated and that the Stridhan mentioned in the FIR could not be recovered. Learned APP further states that the investigation is completed and chargesheet will be filed within a week. Learned APP states that the presence of the Applicant is not required for the purpose of further investigation.

5.

Having perused the entire record, and considering the reasons stated in the order, as well as the other material on record, in my considered view, no case is made out for cancellation of bail.

Application is dismissed.

(ANUJA PRABHUDESSAI, J.)