[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVN.APPLN.NO.367 OF 2008 The State of Maharashtra ..Applicant Vs. Dinesh @ Divakar Devidas Kalpande ..Respondent ... Mr.Rajesh More APP for Applicant-State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 30, 2008 DATE : AUGUST 30, 2008 DATE : AUGUST 30, 2008 P.C. P.C. P.C. 1. Heard the learned A.P.P. for the Applicant- State. 2. The State of Maharashtra has challenged the order dated 19.5.2008 passed by the learned Judicial Magistrate F.C. Pimpri, Dist. Pune whereby the police custody remand of respondent-accused came to be refused and the accused was remanded to magisterial custody. 3. The respondent is accused in CR No. 196 of 2008 registered with Pimpri Police Station, Pune. The said case is under Sections 376 and 420 of IPC. [-2-] The prosecutrix was about 33 years of age at the time of the incident. The case of the prosecutrix is that respondent had committed rape on her during the period from 12.7.2005 to 21.1.2008 by giving her false promises that he would marry her. However, thereafter, he did not marry her. The FIR came to be lodged on 15.4.2008 and the applicant was arrested on 19.5.2008. Police custody remand of the respondent was sought only on the ground of medical examination. Police custody remand was not sought on any other grounds. The learned Magistrate observed that looking to the period when the offence was committed, no purpose would be achieved by granting Police Custody Remand on 19.5.2008. Hence, the respondent came to be remanded to Magisterial Custody Remand. It may be stated here that the applicant came to be released on regular bail on 18.6.2008. Looking to the above facts, no interference is called for at this stage, hence, the application is rejected. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]