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Imtiyaz Husain Patel vs The State Of Maharashtra on 13 August, 2019

ABA 1760-19.doc



Imtiyaz Husain Patel .Applicant


The State of Maharashtra .Respondent

Mr. Aamir M. Shaikh, Advocate, for the Applicant
Ms Veera Shinde, APP, for the Respondent – State
Mr. Yogesh R. Patil, PSI, Mumbra Police Station, Mumbai present


DATE : 13.08.2019

. Heard learned counsel for the Applicant.

2. By this Application, the Applicant seeks pre-arrest bail in

connection with C. R. No. 629 of 2019 registered with the Mumbra

Police Station, Thane City, for the alleged offences punishable under

Sections 498A, 506 r/w 34 of the Indian Penal Code and under Section

4 of the Muslim Women ( Protection of Rights on Marriage ) Act, 2019.

3. The Complainant is present in person with her six months

old child. She has stated that she be impleaded in the aforesaid

Application as party Respondent No. 2.

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ABA 1760-19.doc

4. Learned counsel for the Applicant submits that the dispute

is a matrimonial dispute. He further states that the Applicant is well

aware that talak given by him in November, 2018 is invalid and illegal

having regard to the new legislation. Learned counsel for the Applicant

states that he is ready to go in for mediation.

5. Learned counsel for the Applicant to implead the

Complainant as party Respondent No. 2. Leave granted. Amendment to

be carried out forthwith.

6. Issue notice to the added Respondent No. 2. The

Complainant / Respondent No. 2 is present in person and waives notice

and seeks time to engage an Advocate.

7. Learned APP to take detailed instructions.

8. In the meantime, till the next date, the Applicant is granted

interim protection on the following terms conditions :-


(i) In the event of arrest, the Applicant be enlarged on bail, on

executing P. R. Bond in the sum of Rs. 25,000/- with one or two sureties

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in the like amount;

(ii) The Applicant shall report to the investigating officer of the

concerned police station on 20th, 21st 22nd August, 2019 between

10.00 a. m. and 12.00 noon and thereafter, as when called for by the

investigating officer;

(iii) The Applicant shall not tamper with the evidence or

attempt to influence or contact the complainant, witnesses or any person

concerned with the case;

(iv) The Applicant shall deposit his passport with the

investigating officer on or before 19.08.2019;

(v) The Applicant shall not put anything derogatory as against

the Complainant on any social media website.

9. Stand over to 28.08.2019. To be listed on the

Supplementary Board.

All concerned to act on the authenticated copy of this order.


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