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Anula Niraj Bedekar vs The State Of Maharashtra on 21 January, 2020

Laxmi Sontakke 1 of 4 913 APPLN-444-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 444 of 2019

Anuja Niraj Bedekar … Applicant
V/s.
The State of Maharashtra … Respondent
…….
T. Thatte for the Applicant.
A. A. Takalkar, APP for the State/Respondent.
…….

CORAM : PRAKASH D. NAIK, J.
DATE : 21th JANUARY, 2019.

P.C. :

The Applicant seeks relaxation of condition imposed upon her

vide order dated 18th November, 2019 passed by the Learned

Sessions Judge in Criminal Bail Application No. 5284 of 2019.

2. The Applicant had preferred an application under Section 438

of the Criminal Procedure Code before the Sessions Court, Pune

apprehending arrest in CR. No. 375 of 2019 registered with the

Sinhagad Road Police Station, Pune for the offences under Section

498A, 323, 504 and 506(1) read with 34 of the Indian Penal Code.

3. The Complaint was lodged against the Applicant and others by

sister in law of the Applicant. The prosecution case is that the

Complainant was ill treated by the Accused. They used to taunt her

for not giving silver pot and the other articles. The marriage between

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the Complainant and Accused No.1 was solemnized on 1 st January,

2016.

4. The Learned Sessions Judge granted Anticipatory bail to the

Applicant vide order dated 18th November, 2019. However, condition

was imposed that the Applicant shall not leave India without

permission of the Court. The Applicant had preferred an application

for modification of the said order before the Learned Sessions Judge,

Pune which has been rejected by order dated 27th November, 2019.

5. The Applicant contends that she is a permanent resident of

Canada. Since 9th May, 2014, the Applicant had become permanent

resident of Canada. She is residing in Canada with her husband and

two minor children. She is resident of Canada prior to the marriage

of the Complainant. The Applicant is sister in law of the

Complainant. She has not been attributed role amounting to cruelty

envisaged under Section 498A of the Indian Penal Code in the First

Information Report. She was not residing with co-accused at the time

of the alleged incidents mentioned in the FIR. Her minor children are

studying in Canada. Apprehending arrest she preferred application

by remaining present before the Court. In view of the condition

imposed by the Sessions Court, the Applicant had continued to stay

in India. It is submitted that on completing investigation charge-

sheet has been filed against the Applicant before the Court of

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Learned JMFC at Pune.

6. It is submitted that the Applicant intends to go to Canada and

hence the aforesaid condition may be relaxed. The Applicant has

filed an affidavit-undertaking dated 09th January, 2020 stating that

she would be available as and when required by the Trial Court for

the purpose of trial. She would forthwith inform material change in

the information provided in this undertaking to the prosecution.

7. Learned APP submits that the role attributed to the Applicant

was allegedly making call from Canada to the Complainant

Complainant and abusing her. It is confirmed that the charge-sheet

has been filed against the Applicant and the other Accused and the

proceedings are pending before the Trial Court.

8. The prosecution was initiated for the aforesaid offences. The

Applicant is resident of Canada. It is contended by the Applicant that

she is residing in Canada since 2014. The undertaking filed by the

Applicant indicates that Applicant would be available for the trial as

and when directed by the Court. She would not dispute her identity.

The details about her residence, permanent residence status in

Canada are provided in the undertaking. The Applicant is a married

lady having two minor children who are studying in Canada. It is

also pointed out that the Applicant is represented by the lawyer

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before the Trial Court.

9. In view of the aforesaid undertaking and the factual matrix of

this case, there is no impediment in granting the relief by modifying

order dated 18th January, 2019 passed by the Sessions Court.

ORDER

a. Criminal Application 444 of 2019 is allowed.

b. The order dated 18th November, 2019 passed by the Sessions

Court in Bail Application No. 5284 of 2019 directing that the

Applicant shall not leave India without permission of the Court

is relaxed and the Applicant is permitted to leave India to

stay in Canada.

c. The Applicant shall abide by the undertaking dated 9 th

January, 2020 filed in this Court.

(PRAKASH D. NAIK, J.)

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