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Bombay High CourtAPPLN/1203/2016application allowed

Roshan Ramesh Jajoo v. The State Of Maharashtra And ANR

2016-02-25Hon'Ble Shri Justice Nitin W. Sambre3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1203 OF 2016 Roshan Ramesh Jajoo, Age 32 years, Occu. Chartered Accountant, R/o Flat No.15, Saideo Society, Gangapur road, Nashik ..Applicant

Versus

1.

The State of Maharashtra 2.

Mrs Dipali Roshan Jajoo (D/o Dilipkumar Malani) Age 28 years, Occu. Household, R/o At Present residing at RL 93, Bajajnagar, MIDC Waluj, Taluka and District Aurangabad ..Respondents - WITH - CRIMINAL APPLICATION NO.163 OF 2016 1.

Bhushan Ramesh Jajoo, Age 39 years, Occu. Salaried, R/o 27, Shree Ramchandra Sumiti Housing Society, Sharanpur road, Near Telephone Office, Nashik 2.

Swati Bhusan Jajoo, Age 35 years, Occu. Housewife, R/o 27, Shree Ramchandra Sumiti Housing Society, Sharanpur road, Near Telephone Office, Nashik 3.

Suvarna Vivek Rathi, Age 41 years, Occu. Household, R/o Flat No.103, Divine Shelter, Thatte Nagar, Nashik ..Applicants

Versus

.

The State of Maharashtra ..Respondent

Mr Joydeep Chatterji, Advocate for applicants Mr S.P. Sonpawale, A.P.P. for respondent No.1 Mrs R.S. Kulkarni, Advocate for complainant in Cri.Appln.No.163 of 2016 and in Criminal Application No.1203 of 2016 h/f Mr S.S. Kulkarni, Advocate for respondent No.2 CORAM : N.W. SAMBRE, J.

DATE : 25th February 2016 PER COURT Heard.

2.

The parties, pursuant to the mediation have reached to settlement and have placed terms of compromise on record, through the Mediator.

3.

In the above background, in my opinion, the applicants are entitled for pre-arrest bail in Crime No.0559/2015 registered at M.I.D.C. Waluj Police station, District Aurangabad, for the offences punishable under Sections 498-A, 315, 323, 107, 109, 504, 506 read with Section 34 of Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act.

4.

Since the same is not objected by learned A.P.P. and Counsel appearing for the complainant, both the applications stand allowed. 5.

In the event of their arrest in Crime No.0559/2015 registered at M.I.D.C. Waluj Police station, District Aurangabad, for the offences punishable under Sections 498-A, 315, 323, 107, 109, 504, 506 read with Section 34 of Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act, the applicants be released on bail, upon furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount, by each of them.

6.

The parties informed the Court the tasks which was ably handled by the Mediator, Mr R.J. Godbole. This Court appreciates the approach of the parties and so also, for the time devoted by the Mediator.

7.

Since the parties have decided to have judicial separation, in view of the terms of settlement, it shall be open for the parties to the mediation proceedings to pray before the competent Court for condoning the statutory period of six months, as required for contesting the application for divorce by mutual consent. ( N.W. SAMBRE, J.) vvr