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. 4369 OF 2008 CRIMINAL APPLICATION NO. 4369 OF 2008 CRIMINAL APPLICATION NO. 4369 OF 2008 Mohammed Iqbal Arsiwala ...Applicant vs. The State of Maharashtra ...Respondent Mr.A.Z. Mookhtiar for the Applicant. Mr.Rajesh More, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 9, 2009 DATED : JANUARY 9, 2009 DATED : JANUARY 9, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been arrested for an offence punishable under Sections 363, 366A, 352, 504, 506 read with 34 of the IPC. Chargesheet has been filed. 3. It is submitted by the Counsel for the applicant that the prosecutrix had eloped with the applicant by her free will and consent. It is submitted that the applicant was more than 17 years of age when the said incident took place. - 2 - 4. Since the chargesheet has already been filed and the trial is not likely to begin in near future, the applicant cannot be kept behind bars for an indefinite period. 5. The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. He, however, shall not enter Nalasopara (East) pending the hearing and final disposal of this criminal case. He shall report to the nearest police station from his residence. 6. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)