1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JUTISDICTION CRIMINAL APPLICATION NO.4415 OF 2009 1. Shri Shankarlal Meghraj Chugh 2. Shri Nitin Shankarlal Chugh ....Applicants. V/s Smt. Priti @ Manju Bunty Chugh and Ors. .... Respondents. Mr. I.M. Gupte for the applicants. Mrs M.R. Tidake, APP for the State. CORAM: V.M. KANADE, J. DATE : 4TH NOVEMBER, 2009 P.C.: 1. Heard the learned Counsel for the applicants and the learned APP for the State. 2 2. A complaint was filed by respondent No.1 against her husband and in-laws, alleging that they had kidnapped her son and an offence punishable under section 467, 468, 471, 420, 120B, 34 read with section 12(1)(B)2 of the Passport Act was registered at Central Police Station, Ulhasnagar-3 vide C.R. No.I-168/2009. 3. It is an admitted position that there is a matrimonial dispute pending between respondent No.1 and son of applicant No.1. Application also has been filed by respondent No.1 under section 97 of the Criminal Procedure Code before the Judicial Magistrate, First Class, Ulhasnagar. 4. Taking into consideration the peculiar facts and circumstances of the case, in my view, custodial interrogation of the applicants herein is not necessary, more particularly because a Writ Petition has been filed by respondent No.1 under Article 226 of the Constitution of India wherein respondent No.1 has prayed for a writ of habeas corpus for producing the child in this Court and the said Writ Petition is pending. It is an admitted position that the husband of respondent No.1 has already handed over custody of the child to respondent No.1. Under these circumstances, therefore, custodial interrogation of the 3 applicant is not necessary. 5. Applicants, therefore, in the event of their arrest in C.R. No.I-168/2009 registered at Central Police Station, Ulhasnagar-3 for the offence punishable under sections 467, 468, 471, 420, 120B, 34 of the Indian Penal Code and section 12(1)(B)2 of the Passport Act, be released on bail in the sum of Rs 5000/- each with one or two sureties each in the like amount. They shall report to the concerned Police Station as and when called. 6. Application is disposed of. (V.M. KANADE, J.)