1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1746 OF 2009 Majid Anwar Pathan .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.V.V.Purwant for the applicant. Mrs.S.D.Shinde A.P.P. for the State. Mrs.Saba Pathan, the complainant in person. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 20TH APRIL, 2009. DATED : 20TH APRIL, 2009. DATED : 20TH APRIL, 2009. P.C.: . Heard Mr.Purwant, learned counsel for the applicant, Mrs.Shinde, learned A.P.P. for the State and Mrs.Saba Pathan, the complainant in person. 2. The applicant is seeking bail in C.R.No.56 of 2009 of Powai police station. The said crime has been registered against the applicant and six others for having allegedly committed an offence punishable under sections 498-A, 406, 313, 323, 506 r/w 34 of IPC. 3. I have perused the FIR which is running into about 11-12 pages. The allegations made against the present applicant and the other accused are almost 2 2 2 similar in nature. The complainant, who is present in person, vehemently submitted that she was virtually forced to abort on the pretext that she was suffering from Hepatitis-B. She further submitted that her ornaments worth Rs.1,19,500/- have not been returned so far. Mrs.Shinde, learned A.P.P. also invited my attention to relevant portion of the FIR and submitted that the complainant was subjected to harassment by all the members of family. I have perused the entire material placed before the court. It appears that the complainant had gone to a private doctor in December 2007, with the applicant since she was feeling weakness, and on investigations it transpired that she was suffering from Hepatitis-B. The complainant has specifically stated in the FIR that when this fact was disclosed to the mother-in-law and the sister-in-law they virtually forced her to abort. From the FIR it also appears that the applicant and his family members returned the articles worth Rs.1,91,500/- to the complainant. Mr.Purwant, learned counsel for the applicant submits that insofar as the allegations regarding gold ornaments worth Rs.1,19,500/- is concerned, the complainant herself took them away while leaving the house, and those ornaments are not with the applicant and his family members. Having considered overall facts and circumstances of the case 3 3 3 and considering that all other accused persons have already been released on bail, I am satisfied, continuing detention of the applicant is not necessary. Hence the following order: . The applicant be released on bail in the sum of Rs.10,000/- with one or two sureties in the like amount subject to the condition that the applicant shall report to the concerned police station on every alternate Saturday between 6 pm and 7 pm for a period of three months and thereafter as and when called. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)