1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3859 OF 2009 Sunil Nichaldas Ludhani )..Applicant Vs. The State of Maharashtra )..Respondent ---- Mr. S.B.Keswani i/by FF & Associates for the applicant. Mr. Y. S. Shinde APP for the State. ---- Coram : R.S.MOHITE,J Date : 22nd March, 2010 PC 1 This is an application filed by the applicant who is shown as an accused in C.R.No.I-90 of 2009 registered by the Ulhasnagar Police station for alleged offences punishable under Sections 363, 365 read with 34 of IPC. The case arises out of a custody dispute between one Bunty Chugh and his wife Preeti Chugh. The name of the child is Sujal and the child is aged 4 years. It appears to be the case of the complainant that in spite of the order of the High Court dated 24.10.2008 granting her custody, her husband took away the child. It appears that the husband thereafter left the country and travelled to Nepal and Dubai. It is also an admitted position that the father brought the child back and presently child is in the custody of the mother. In so far as present applicant is concerned, he said to have helped the father in preparing his passport. In my view, this is a case where investigation can proceed without custody of the applicant. It is therefore, directed that in the event of his arrest, the applicant will be released on bail in the sum of Rs.10,000/- with 2 one surety in the like amount subject to the condition that he will report to the concerned Investigating officer as and when called upon by the Investigating officer in writing. Application stands disposed off. It is made clear that any observations made in this order will not be taken into account at the stage of trial. (R.S.MOHITE,J) 3