Bombay High Court
Jyoti Ashok Bansode vs State Of Maharashtra on 29 September, 2022
Author: Bharati Dangre
Bench: Bharati Dangre
1/3 61(28) BA-2112-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.2112 OF 2022
Jyoti Ashok Bansode .. Applicant
Versus
The State of Maharashtra .. Respondent
...
Mr.Rahul Arote for the Applicant.
Ms.Veera Shinde, A.P.P. for the State/Respondent.
...
CORAM: BHARATI DANGRE, J.
DATED : 29th SEPTEMBER, 2022
P.C:-
1. The applicant, who is a mother of 11 years old girl, came
to be arrested on 16/02/2022, on being arraigned as an
accused in C.R.No.39 of 2022, which invoke Sections 363, 365,
370 of the Indian Penal Code. On completion of investigation,
the charge-sheet is fled.
2. The case of the prosecution is that the son of the
complainant, aged 5 years, went missing on 16/02/2022 and
he lodged the report. The boy was rescued from Boisar
Railway Station on the same day and handed over to the
complainant.
The applicant is a lady residing in a neighbourhood of the
victim boy and she has a daughter, aged 11 years. The victim
boy and her daughter used to play in the precinct of the
M.M.Salgaonkar
::: Uploaded on - 03/10/2022 ::: Downloaded on - 03/10/2022 22:47:49 :::
2/3 61(28) BA-2112-22.doc
locality and the case of the applicant is that on the day on
which the boy went missing, he was playing with her daughter,
but since she wanted to visit Boisar, she asked her daughter to
drop him at his house, but since the daughter was
apprehending that the mother would leave without her, she
requested her mother to take the boy alongwith them, since by
evening they are going to return. Her version is that when the
boy was accompanying them, he went missing from the station
and she came back without the boy.
3. The prosecution has recorded a statement of the minor
daughter of the applicant, who has partly corroborated the
version of the applicant, but she has stated that her mother
had dropped the boy at the side of the road and they returned
back. Since, no motive is attributed to the applicant to kidnap
the young boy and, since, the prosecution has, prima facie,
failed to establish it's case under Sections 365 and 370, and
since the applicant faces an accusation of kidnapping and on
conviction, she may suffer an imprisonment for a term, which
may extend to seven years, the consequences of which, she
may take at the time of trial, on completion of investigation,
her further incarceration is not necessary.
4. Needless to state that the observations made above are,
prima facie, in nature and limited to the extent of adjudication
of the present application and the learned Judge trying the
applicant for the offences with which he is charged, shall not
get infuenced by the above observations, in any manner.
M.M.Salgaonkar
::: Uploaded on - 03/10/2022 ::: Downloaded on - 03/10/2022 22:47:49 :::
3/3 61(28) BA-2112-22.doc
Hence, the following order.
: ORDER :
(a) Application is allowed.
(b) Applicant -Jyoti Ashok Bansode shall be
released on bail in connection with C.R.No.39 of 2022 registered with Mankhurd Police Station on furnishing P.R. Bond to the extent of Rs.20,000/- with one or more sureties in the like amount.
(c) The applicant shall mark her attendance before the concerned police station on frst Monday of every month between 3.00 p.m. and 5.00 p.m. till framing of charge and, thereafter, shall abide by the directions issued by the trial Court.
(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Offcer. The applicant shall not tamper with evidence.
(e) On being released on bail, the applicant shall furnish her contact number and residential address to the Investigating Offcer and shall keep him updated, in case there is any change.
( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar ::: Uploaded on - 03/10/2022 ::: Downloaded on - 03/10/2022 22:47:49 :::