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1988 Supreme(Bom) 244

S.M.DAUD
Santosh Bhaurao Raut – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - S.M. DAUD, J.:---Applicant seeking bail after having been unsuccessful before the Sessions Court at Thane has come to this Court invoking sections 439 and/or 482 of the Code of Criminal Procedure, 1973.

2. The application gives rise to questions which have to be considered in the following background :

A temple and Shrine at Vajreshwari in the District of Thane attracts a number of pilgrims. Two such pilgrims headed for Vajreshwari were Sushila and her husband Mallayya. They came to the Vasai Railway Station on June 25, 1988 at about 10.45 p.m. From the Railway Station the couple went to the Navghar Bus Station. This was with a view to get a bus for Vajreshwari. While are couple were standing at the bus stand a person unknown to them approached and gave out that they were wanted by his D.S.P. who it was said was in an auto-rickshaw parked some distance away. The person's speech and manner gave the impression of his being from the Police department. Sushila and Mallayya went with the messenger to the auto rickshaw. Inside the rickshaw were three persons who accused Mallayya of moving about with a female not his wife and his wanting to have a good time with the said person.




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