sr.505.aba.1841.2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPITATORY BAIL APPLICATION NO.1841 OF 2018
Smt. Usha Dilipkumar Modi … Applicant
V/s.
Senior Inspector of Police and anr. … Respondents
Mr.Yashpal Thakur i/b. Praveena Thakker for the applicants.
Mr.Arfan Sait, APP for the respondent/State.
CORAM : PRAKASH D. NAIK J.
DATED : 7th SEPTEMBER 2018.
P.C. :
1. This is an application for anticipatory bail filed in relation to CR
No.175 of 2018 registered with Borivali Police Station for offence under
Sections 498A, 406, 420, 323, 506 with Section 34 of the Indian Penal
Code.
2. The dispute arises out of matrimonial discord. The applicant
no.1 is the mother in law and applicant no.2 is husband of the
complainant.
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3. The learned Counsel for the applicant submitted that during
pendency of their application before the Sessions Court, there was
protection granted on 11th April, 2018. It is further submitted that the
Sessions Court had directed the parties to approach the mediator which
proceedings were attended by both the parties, but the mediation
failed. It is further submitted that the applicant no.2 was directed to
attend the police station during pendency of the application before the
Sessions Court every day and he attended the police station on several
occasions.
4. The learned APP submitted that he has no instructions in the
matter.
5. Considering the aforesaid circumstances, interim protection can
be granted to the applicant. Hence the order;
:: ORDER ::
(i) In the event of arrest of the applicant in connection with CR
No.175 of 2018 registered with Borivali Police Station, the
applicants be released on bail on their furnishing P.R. Bond
in the sum of Rs.20,000/- by each of them with one or more
surety in the like amount.
(ii) This interim protection is granted till next date of hearing.
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(iii) The applicant is permitted to annex copy of the order
passed by the Sessions Court granting interim relief as well
as rejection of application for anticipatory bail.
(iv) Stand over to 26th September, 2018.
Digitally
signed by
Vina Vina Arvind
Khadpe ( PRAKASH D. NAIK J.)
Arvind Date:
Khadpe 2018.09.09
11:28:33
+0530
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