Kajal Jubenali Shaikh v. The State Of Maharashtra

Mhi 1 REVN-468-15.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 468 OF 2015 Kajal Jubenali Shaikh ...

Applicant.

vs.

The State of Maharashtra ...

Respondent Mr. Sunny Singh for the applicant..

Mr. Arfan Sait, APP, for the State.

Mr. B.S.Sayed, P.I. D.B. Marg Police Station, present.

CORAM:

SMT.SADHANA S.JADHAV,J.

DATE : 17th October, 2015.

P.C.

The learned counsel for the applicant, upon instructions, seeks liberty to withdraw the application. Liberty as prayed for is granted in the interest of justice. However, the applicant is at liberty to file an application seeking release before the learned Magistrate. The learned Magistrate shall enquire into the identity of the person who claims to be the sister of the applicant. The enquiry be conducted in accordance with law and if the Magistrate is subjectively satisfied that the person who claims to be the sister of the applicant shall release the applicant and allow her to accompany the sister by putting the onus upon the sister to take care of her

Mhi 2 REVN-468-15.sxw with an undertaking that she will not indulge into similar activities in future. The person who gets the custody of the applicant shall also give an undertaking that the child delivered by the applicant will also be taken care of.

Application stands disposed of with the above directions. (SMT.SADHANA S.JADHAV, J.)