Shakila W/O. Anwar Sayyad v. The State Of Maharashtra And ANR.

1 CR. APPLN. 2293/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2293 OF 2016 Shakila W/o Anwar Sayyad Age : 28 years, Occu : Housewife, R/o : Garkheda Parisar, Tq and Dist : Aurangabad .. Applicant Vs.

1] The State of Maharashtra 2] The Superintendent of Police, Jalna, through Badnapur Police Station, Tq and Dist Jalna .. Respondents ---- Mr. Swapnil Patunkar, Advocate for J.P. Legal Associates for the applicant Mr. N.T. Bhagat, A.P.P. for the respondent-State ---- CORAM : INDIRA K. JAIN, J.

DATE : 03/05/2016 ORDER :

By this application, applicant/accused seeks her enlargement on regular bail in crime no.13 of 2016 registered at Badnapur Police Station, Tq. Badnapur, Dist. Jalna for the offences punishable under sections 363, 365, 366 r/w. 34 of the Indian Penal Code.

2 CR. APPLN. 2293/2016 2.

Heard Mr. Patunkar, learned counsel for applicant and Mr. Bhagat, learned A.P.P. for respondent/State. Perused investigation papers. 3.

Irfan Shaha is the first informant. He lodged report on 23/1/2016 stating that his paternal aunt Razia Bee was missing from home. On 24/1/2016, Razia Bee informed on phone to her sister that on 19/1/2016, applicant took her away under the false promise of marriage and dropped her at the house of co-accused Harishbhai at Amreli, Gujarat.

4.

During investigation, it was revealed from statement of co-accused Harishbhai that applicant sold victim Razia Bee for Rs.1,20,000/- to him. Supplementary statement of Razia Bee was recorded on 29/1/2016, in which she states that incident took place on 21/1/2016. FIR indicates that incident took place on 19/1/2016. It was not

3 CR. APPLN. 2293/2016 disclosed by complainant initially that applicant had sold the victim to co-accused.

5.

Applicant was arrested on 30/1/2016 and since then, she is in custody. Nothing has been recovered at her instance.

6.

Considering the allegations in FIR, this Court finds that no purpose would be served by keeping the applicant in further detention. Hence the following order :-

ORDER

(i) Criminal Application No. 2293 of 2016 is allowed.

(ii) Applicant is released on bail of P.B. and S.B. of Rs.15,000/- (Rs. Fifteen Thousand) each. (iii) She shall not tamper with the prosecution evidence and shall make herself available as and when required.

4 CR. APPLN. 2293/2016 (iv) Bail before the trial Court.

[INDIRA K. JAIN] JUDGE arp/