aba-182-20.doc
Nalawade A.S.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 182 OF 2020
Abdul Saleem Abdul Kareem Shaikh and ors. ..Applicants.
vs.
State of Maharashtra and anr. ..Respondents.
Mr. Ram Satalwar i/by Shabnam Shaikh for the Applicants.
Ms. Pallavi Dabholkar, APP for the State.
CORAM : N. J. JAMADAR J.
DATE : 20th March, 2020
PC:
1. This is an application for pre-arrest bail under
Section 438 of the Cr.P.C. The applicants are arraigned for
offences punishable under Section 498A and 406 of the Indian
Penal Code for having subjected Mrs. Rafatnaj, first informant,
wife of applicant No. l to cruelty in order to coerce her to meet
unlawful demand of a sum of Rs.3.00 lacs for the purpose of
giving the said amount as deposit to take a room on rent. The
applicant Nos. 2 to 6 are the relatives of applicant No.1.
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2. The gravamen of indictment against the applicants
is that after about one year of marriage, the applicant No.1
started to harass the first informant at the instance of co-
accused. The applicants made a demand of sum of Rs.3.00 lacs
for paying the same as deposit. The financial position of the first
informant’s father was not sound. As the first informant could
not meet the demand, the first informant was subjected to
harassment. Lastly on 4.12.2018, the applicant No.1 assaulted
the first informant for not meeting the demand of money. The
hairs of the first informant were cut. Her face was blackened.
She was left at Bhiwandi against her will. It is further alleged
that the applicant No1 had removed ornaments from the person
of the first informant. Hence, the first informant lodged the
report with Ganeshpuri Police Station, Bhiwandi vide CR
No.147/2019 on 12.10.2019.
3. The applicants assert that they are falsely
implicated. The first informant has left the matrimonial home on
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her own . The first informant had filed an application in the
Court of Learned Magistrate at Bhiwandi under the provisions of
Protection of Women from Domestic Violence Act,2005 being
Application No.122/2017. The first informant, however,
withdrew, the said proceeding and started to reside with the
applicant No.1 separately. In fact, the first informant’s conduct
was the cause of matrimonial discord. The applicant Nos. 2 to
6 have never subjected the first informant to cruelty and
harassment. The applicant Nos. 2,4 and 6 are pardanashin
ladies. Thus, the applicants be directed to be released on bail in
the event of their arrest.
4. The applicants had initially filed an application for
pre-arrest bail before the learned Sessions Judge,Thane.
Initially ad-interim protection was granted to the applicant Nos.
2 to 6. However, since the applicant Nos. 2 to 6 did not abide by
the conditions of the order, by which the interim protection was
granted, the learned Sessions Judge rejected the application by
an order dated 9.1.202
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5. Learned counsel for the applicants urged that from
the very allegations in the FIR, it becomes clear that there on
was no cruelty or harassment at the hands of the applicants and
the first informant has made wild allegations so as to rope in the
applicants.
6. Learned APP submitted that the fact that the
applicant Nos. 2 to 6, who were granted interim protection, did
not co-operate with the Investigation agency, by itself is
sufficient to disentitle them the discretionary relief of pre-arrest
bail. Learned counsel for the applicants submitted that the
applicant Nos. 2 to 6 did not attend the police station for want
of communication from the learned counsel who appeared
before the Sessions Court.
7. From the perusal of the material on record it
becomes evident that the marriage of the applicant No.1 with
the first informant was besetted with marital discord. There
were efforts to resolve dispute and resume cohabitation. The
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first informant had, in fact, lodged the proceedings under the
provisions of Protection of Women from Domestic Violence
Act,2005 and subsequently withdrew the same on the assurance
that she will be treated well. The first informant alleged that
despite the said assurance the applicant No.1 subjected her to
cruelty and harassment. The last of the acts of cruelty is of
4.12.2018. The applicant No.1 husband is alleged to have
abused, assaulted and humiliated the first informant on
4.12.2018 and also relieved her of all the ornaments. In the
backdrop of aforesaid allegations a prima facie case can be said
to have been made out against the applicant No.1.
8. The case of applicant Nos. 2 to 6, however, sands on
different footing. The allegations against the applicant Nos. 2
to 6 are of general and omnibus in nature. In the circumstances,
the custodial interrogation of the applicant Nos. 2 to 6 is not
warranted.
9. The fact that the applicant Nos. 2 to 6 did not attend
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the police station and co-operate with the investigation agency,
when interim protection was granted during the pendency of the
application before the learned Sessions Judge, Thane, is
required to be considered in the backdrop of the material on
record. The material on record does not squarely incriminate
the applicant Nos. 2 to 6 and thus their custodial interrogation is
not warranted. I am therefore inclined to exercise the discretion
in favour of applicant Nos. 2 to 6. Hence, the following order.
ORDER
a) The application for pre-arrest bail of applicant No.1
Abdul Saleem Abdul Kareem Shaikh stands rejected.
b) The application of applicant Nos. 2 to 6 stands
allowed.
c) In the event of arrest of applicant Nos. 2 to 6 in CR
No.147/2019 registered with Ganeshpuri Police Station, Thane
of the offences punishable under Sections 498A an 406 of the
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I.P.C., the applicant Nos. 2 to 6 be released on bail on their
furnishing PR bond of Rs.10,000/- each and a surety in the like
amount.
d) The applicant Nos. 2 to 6 shall co-operate with the
investigation agency and attend the Ganeshpuri Police Station
on every alternate Sunday from 10.00 a.m. to 12.00 noon, with
effect from 5th April, 2020 for a period of two months.
e) The applicant Nos. 2 to 6 shall not tamper with the
prosecution evidence and give any threat or inducement to the
first informant.
Application stands accordingly disposed of.
[ N. J. JAMADAR J.]
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