SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Abdul Aziz Shaikh Habib vs State Of Mah., Thr. P.S.O. … on 7 January, 2020

1 aba829.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.829 OF 2019
Abdul Aziz Shaikh Habib .Vs. State of Maharashtra, through PSO, P.S.
Samraspura, Tq. Achalpur, Dist. Amravati.
__
Office Notes, Office Memoramda of Coram,
appearances, Court’s orders of directions Court’s or Judge’s orders.
and Registrar’s Orders.
Mr. C.A. Babrekar, Advocate for applicant.
Mr. V.A. Thakare, A.P.P. for non applicant-State.

CORAM : V. M. DESHPANDE, J.
DATED : JANUARY 07,2020.

Heard Mr. Babrekar, learned counsel for the
applicant and Mr. Thakare, learned Additional Public
Prosecutor for non applicant-State. Also, perused the reply
filed on behalf of prosecution.
Applicant is apprehending his arrest in
connection with Crime No.126/2019 registered with Police
Station, Samraspura, Tq. Achalpur, Dist. Amravati for an
offence punishable under Sections 376, 354, 506, 294 read
with Section 34 of the Indian Penal Code.
Investigating officer is claiming custodial
presence of the applicant to find out the truth.
Applicant is brother-in-law of the victim. Victim’s
husband died on 05.04.2019. According to the victim, even
after the death of her husband she used to reside along with
her mother-in-law, who is co-accused in this crime and with
the applicant. According to the victim’s version in First
Information Report (FIR), the applicant has established

::: Uploaded on – 07/01/2020 08/01/2020 04:33:42 :::
2 aba829.19.odt

sexual relations with her on the point of dagger on
26.07.2019 and 02.08.2019. It is also stated in the FIR that
her mother-in-law used to ask the victim to allow the present
applicant to have sexual relations with her. According to the
victim’s statement, in view of the personal law governing
victim and the applicant, it was not expected from the victim
to step outside of her house for a period of four months from
the death of her husband.
It is an admitted position that on 05.04.2019
victim’s husband died. So as per personal law of the victim
it was not expected from her to step outside her house till
August-2019. According to FIR, the instances of forcible
sexual intercourse took place on 26.07.2019 and
02.08.2019. The period of four months from death of
victim’s husband was already expired. In this background it
is to be noted that FIR against the applicant is lodged on
02.11.2019. Therefore, prima facie, there is inordinate
delay in lodging the FIR which is not explained properly at
least at this stage by prosecution. However, it will be open
for the prosecution to explain the same during the course of
trial.
According to learned Additional Public Prosecutor
even wife of the applicant has lodged a report against him
and for that a crime is registered against him at Police
Station, Paratwada vide Crime No. 416/2019 for an offence
punishable under Sections 354, 354B, 498A read with
Section 34 of the Indian Penal Code.

::: Uploaded on – 07/01/2020 08/01/2020 04:33:42 :::
3 aba829.19.odt

Learned counsel for the applicant has invited my
attention on the compilation of this application which clearly
shows that there is long standing dispute between the
applicant and his wife. Many a times matter reached to this
Court and the appropriate orders were passed. In view of
this I am not attaching much importance to the FIR lodged
by wife of the applicant for consideration of this application
for pre-arrest bail.
As observed above, there is inordinate delay in
lodging the report. Further, there is nothing on record to
show that there were any circumstances or any acts done by
the applicant to prohibit the victim to lodge the report
against him by steping outside the house.
Even from the reply it is clear that in view of the
interim protection granted by this Court, the applicant has
attended the police station and not only that, his medical
examination has already been conducted. In that view of
the matter, I pass the following order:
ORDER
(i) The application is allowed.
(ii) In the event of arrest in connection with Crime

No.126/2019 registered with Police Station, Samraspura,
Tq. Achalpur, Dist. Amravati for an offence punishable under
Sections 376, 354, 506, 294 read with Section 34 of the
Indian Penal Code, applicant – Abdul Aziz Shaikh Habib be
released on bail on he executing P.R. bond in the sum of
₹10,000/- with one solvent surety in the like amount.

::: Uploaded on – 07/01/2020 08/01/2020 04:33:42 :::
4 aba829.19.odt

(iii) Applicant is directed to attend Police Station,

Samraspura, Tq. Achalpur, Dist. Amravati twice in a week
i.e. on every Thursday and Saturday and shall be with the
investigating officer from 02:00 p.m. to 05:00 p.m.
The application is disposed of.

JUDGE

srwagh

::: Uploaded on – 07/01/2020 08/01/2020 04:33:42 :::

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation