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Judgments of Supreme Court of India and High Courts

Akbar Khan Haji Ishaque Khan vs State Of Mah., Thr. Pso Ps, … on 18 November, 2019

1 aba710.19.odt

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

CRIMINAL APPLICATION (ABA) NO. 710 OF 2019
Akbar Khan Haji Ishaque Khan .Vs. State of Maharashtra,through P.S.O, P.S.
Buldhana (City), Dist. Buldhana.
__
Office Notes, Office Memoramda of Coram,
appearances, Court’s orders of directions Court’s or Judge’s orders.
and Registrar’s Orders.
Mr. P. W. Mirza, Advocate for applicant.
Mr. V.A. Thakare, A.P.P. for non applicant- State.
Mr. S.S. Ullah, Advocate for original complainant.

CORAM : V. M. DESHPANDE, J.
DATED : NOVEMBER 18, 2019

Heard Mr. P.W. Mirza, learned counsel for the
applicant, Mr. V. A. Thakare, learned Additional Public
Prosecutor for the non applicant-State and Mr. Ullah, learned
counsel for the original complainant. Also perused the
investigation papers.
The applicant is apprehending his arrest in
connection with Crime No. 519/2019 registered with Police
Station, Buldhana (City), Dist. Buldhana for an offence
punishable under Sections 498A, 376B, 323, 504, 506 read
with Section 34 of the Indian Penal Code.
The report is lodged on 19.09.2019 by Arshiya
Parvin Akbar Khan wife of applicant Akbar Khan. As per
report, her marriage was performed with the applicant on
21.11.2016 and after her marriage, she started residing with
the applicant and her mother-in-law at Mirza Nagar,
Buldhana. According to report, though initially for some

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days she was treated nicely, subsequently ill treatment was
started to her at the hands of the applicant and his mother
on account of demand of money. It is stated in the report
that after three months of her marriage she was driven out
from her matrimonial house and since then she is residing
with her parents. She has already filed a petition against the
applicant and his mother. It is stated in the report that after
lodging the proceedings, the applicant started talking nicely
with her. The report shows that in the month of January-
2019 she received phone call from the applicant wherein he
disclosed that his mother-Nazima has gone to Mumbai and
therefore, he called her for meeting and on 21.01.2019, the
applicant and first informant Arshiya met. As per the report,
on the said date, against her wish in the matrimonial house
the applicant committed sexual intercourse with her.
After hearing the learned counsel for the parties
following facts emerges on record. After the marriage
though for a period of three months the complainant was
residing with the applicant, thereafter she started residing
along with her parents. Whether she on her own left or she
was driven out from her matrimonial house is a question,
which can be decided only after adducing evidence in that
behalf.
Be that as it may, on 06.04.2018, the first
informant lodged a complaint in the Court of learned Chief
Judicial Magistrate, Buldana under the relevant provisions of
the Protection of Women from SectionDomestic Violence Act, 2005.
The said was registered as SectionCriminal (D.V. Act) Case

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No.26/2018. The said compliant was lodged not only against
the applicant and her mother but also other relatives as it
could be seen from the complaint which is annexed along
with the application for anticipatory bail. After the notice,
the non applicant in D.V. proceedings appeared and the
proceedings were going on. The learned counsel for the
applicant has filed certified copy of the Roznama of the said
proceedings along with applicant’s affidavit dated
11.11.2019. The copy of roznama would show that on
18.06.2019 the learned Magistrate referred the dispute to
the trained Mediator. The certified copy of the Roznama
further shows that on 13.09.2019 learned Magistrate’s Court
received negative mediation report which is at Exhibit-11 in
the said Domestic Violence proceedings. The record will
show that after failure mediation report was presented on
13.9.2019, on 19.09.2019 the report is lodged against the
applicant and his mother. The aforesaid facts speak volumes
at least at this stage in favour of the applicant. The
applicant’s mother has already granted bail by this Court.
Looking to the inordinate delay of more than
eight months and though the opportunity was there to the
informant to disclose the fact in the Court of learned
Magistrate, the said is not disclosed, in my view, the
applicant’s personal liberty can be protected. Consequently,
I pass following order:
ORDER
(i) The application is allowed.

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(ii) In the event of arrest in connection with Crime

No. 519/2019 registered with Police Station, Buldhana
(City), Dist. Buldhana for an offence punishable under
Sections 498A, Section376B, Section323, Section504, Section506 read with Section 34 of
the Indian Penal Code, applicant – Akbar Khan Haji Ishaque
Khan, be released on bail on he executing P.R. Bond in the
sum of Rs.15,000/- with one solvent surety in the like
amount.

(ii) The applicant is directed to attend Police Station,
Buldhana (City), Buldhana twice a week i.e. on every
Sunday and Monday and shall be with the investigating
officer from 11:00 a.m. to 02:00 p.m. till filing of the charge-
sheet.

(iii) The application is disposed of.

JUDGE
srwagh

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