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IN THE COURT OF SESSIONS, AT DINDOSHI
(BORIVALI DIVISION), GOREGAON, MUMBAI
ANTICIPATORY BAIL APPLICATION NO.1432 OF 2018
(CNR NO.MHCC050051112018)
IN
C.R. NO.657/2018
(POLICE STATION, SAMTA NAGAR)
1. Mr. Jeet Lulla S/o. Bhagwandas )
Aged: 32 years, Occ: Unemployed, adult, )
Hindu, domiciled at Jaipur. )
2. Mr. Bhagwandas Lalwani )
Aged about 59, Occu: Retired )
3. Mrs. Monika Bhagwandas Lalwani )
Aged about 56, Occu: Housewife )
All residing at 676Tikkiwallo Ka Rasta, )
Indira Bazaar, Jaipur, Rajasthan. ) ..Applicant(s)/
Accused
Vs.
State of Maharashtra )
(Through Samta Nagar Police Station, in C.R. FIR )
No. 657/2018) ) ..Respondents
Adv. Ms. Purvi Shah for the applicants.
APP Mrs. Geeta Malankar for the State.
Coram : His Honour Addl. Sessions Judge,
H.B. Gaikwad.
(C.R.No.9)
Date : 22nd January, 2019.
ORAL ORDER
the Indian Penal Code, registered in Police Station, Samta Nagar.
2. It is the case of the prosecution that, one Chandrika
Jeet Lulla is a legally wedded wife of applicant No.1. She was married
to applicant No.1 on 30.01.2013. Since the year 2016, she is residing
separately from the applicants. From February, 2013 to February, 2015,
the applicants used to mentally and physically harass Chandrika, for
petty reasons. They also took away the golden ornaments (streedhan)
of Chandrika. They also withdraw the amount from her account. In this
background, Chandrika lodged the report against the applicants in
Police Station, Samta Nagar on 10.10.2018. On the basis of said report,
aforesaid offences were registered against the applicants.
4. As against this, the learned A.P.P. argued that the custody
of the applicants is required, as they are to be interrogated and the
property is to be recovered. She further argued that the investigation is
in progress and without the custody of the applicants, the progress in
the investigation will be hampered and the possibility of tampering with
the prosecution evidence, cannot be ruled out at this stage. She, thus,
prayed for rejection of the applications.
not find any substance in the objection of the prosecution that the
custody of the applicants is required, as they have to recover the
streedhan.
1. The Anticipatory Bail Application No.1432/2018 is allowed.
(iii) They shall furnish their recent residential address proof on
record.
3. Inform the concerned Police Station, accordingly.
4. The Anticipatory Bail Application No.1432/2018 stands disposed
of, accordingly.
Date: 22.01.2019 (H.B.Gaikwad)
Additional Sessions Judge,
City Civil & Sessions Court,
Borivali Division, Dindoshi
Goregaon, Mumbai
Dictation given directly on computer on :22.01.2019
Checked and signed by HHJ on :22.01.2019
Name of the Judge (with Court Room No.) HHJ Shri H.B.Gaikwad
(Court Room No.9)
Date of Pronouncement of Judgment/Order 22.01.2019
Judgment/Order signed by P.O. on 22.01.2019
Judgment/Order uploaded on 25.01.2019