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Jishan Bashir Ulade vs The State Of Maharashtra on 18 September, 2019

aba.1669.19.902.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPTORY BAIL APPLICATION NO. 1669 OF 2019

Jishan Bashir Ulade …Applicant
Versus
The State of Maharashtra …Respondent

Mr. R. D. Suryawanshi for the Applicant

Ms. P. P. Shinde, A.P.P for the Respondent-State
PSI Mr. V. P. Karde from Mumbra Police Station, Thane, is present

CORAM : REVATI MOHITE DERE, J.
WEDNESDAY, 18th SEPTEMBER 2019
P.C.

1 Heard learned counsel for the applicant.

2 By this application, the applicant seeks pre-arrest bail in

connection with C.R. No. I-189 of 2017 registered with the Mumbra Police

Station, Thane, for the alleged offences punishable under Sections 498A,

Section406, Section323, Section504, Section506 and Section34 of the Indian Penal Code.

3 Learned counsel for the applicant submits that the applicant

and the complainant are husband and wife and that the marriage between

them took place on 20th February 2016. He submits that it is alleged by the

complainant (wife of the applicant) that she was being harassed physically

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aba.1669.19.902.doc

and mentally by the applicant and his mother. Learned counsel for the

applicant states that the applicant was in the Gulf for about 2 years, prior to

the registration of the offence. Learned counsel, on instructions of the

applicant, states that the applicant is ready to hand over all the items

mentioned in clause (5) of the FIR dated 22nd April 2017. Learned counsel

for the applicant submits that since the applicant does not have any gold

items as mentioned in clauses (1) to (4) of the list, mentioned in the FIR, he

has deposited Rs. 1,00,000/- (the value of the gold items), in the Registry of

this Court, without prejudice to his rights and contentions. Learned counsel

for the applicant furthers submits that the applicant has deposited the

household articles in the Police Station, under a panchanama and has also

handed over his passport to the Investigating Officer.

4 Learned A.P.P does not dispute the aforesaid. She states that

the applicant has also reported to the Police Station, as directed.

5 In view of the aforesaid, the custodial interrogation of the

applicant is not warranted. The application is allowed and the applicant is

granted pre-arrest bail on the following terms and conditions :

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ORDER

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

executing P.R. Bond in the sum of Rs.15,000/- with one or two

sureties in the like amount;

(ii) The applicant shall report to the Investigating Officer of the

concerned Police Station as and when called;

(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 is at liberty to apply for return of his passport, as

and when the need arises.

6 Application is disposed of in the aforesaid terms.

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

REVATI MOHITE DERE, J.

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