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AIN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 1015 OF 2018

Mohammed Karam Raju Shah …Applicant

V/s.

The State of Maharashtra and anr. ….Respondents

*****

Mr. Satyaram R. Gaud, Advocate for the applicant.

Mr. Omkar Nagvekar I/by. Ms. Trupti M. Khamkar,
appointed from Legal Aid Committee, for respondent
no.2.

Mr. H.J. Dedhia, APP for the State-respondent no.1.

API. Mr. Dangarne, Nehru Nagar Police Station present.

Coram : Sandeep K. Shinde, J.

Thursday, 20 th December, 2018.

P.C. :

1. The applicant is apprehending arrest in C.R.

No. 150 of 2018 registered at Nehru Nagar Police Station

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for the offences punishable under Section 498A, 504

read with Section 34 of the Indian Penal Code.

2. Heard learned Counsel for the applicant.

Perused the written submissions submitted by the

Advocate on the legal panel. Perused the order dated

22nd May, 2018. Since the parties were likely to settle

the dispute on 22nd May, 2018 interim order was passed

in favour of the applicant.

3. Today, it is submitted across the bar that, the

dispute could not be settled and thus the matter is taken

up for hearing on merits.

4. Perused the complaint. Out of five accused,

four were granted anticipatory bail. The other accused

are the brother-in-law, father-in-law and sister-in-law of

the complainant. The marriage was solemnised on 15 th

May, 2011. It is submitted that the husband has filed

application for restitution of conjugal rights in April,

2017 and the complaint has been filed in April, 2018 and

hence after thought. It is submitted that the

complainant-wife who is the respondent before the

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Family Court has not appeared, and the proceedings

were directed to proceed ex-parte. It is submitted that

the allegations in the complaint are general in nature

and there is nothing in the complaint to indicate that

there was unlawful demand made by the accused and

for not fulfilling it, she was subjected to harassment.

5. That as against this, it is submitted by

the complainant that, she has appeared before the

Family Court and has also filed proceedings under the

Domestic Violence Act. It is submitted that though

interim order of maintenance has been passed by the

learned Magistrate in the domestic violence

proceedings, the same has not been paid. It is submitted

that, as on today, Rs.40,000/- is due and payable being

arrears of maintenance. The learned Counsel appearing

for the applicant submits on instructions that, the

applicant shall pay Rs.40,000/- within two months from

today in two equal installments and it may be accepted

as Undertaking by the applicant. The Undertaking is

accepted.

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6. The complainant is present in Court. She is

directed to supply her Bank Account details to the

Advocate for the applicant so as to enable him to

transfer the amount of arrears directly in her Account

in two equal installments of Rs.20,000/- each.

7. It is made clear that, order directing payment

of arrears is passed on concession and thus Appeal filed

by the applicant, against the order passed in the

proceedings under The Domestic Violence Act, shall be

decided independently. Thus, considering the facts of

the case and the proceedings pending before the various

Courts and also looking into the allegations made in the

complaint, I am inclined to allow the application. Hence,

the following order :

(i) In the event of arrest of the applicant in

C.R. No. 150 of 2018 registered at Nehru Nagar

Police Station for the offences punishable

under Section 498A, 504 read with Section 34

of the Indian Penal Code, the applicant be

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released on P.R. Bond of Rs.25,000/- with one

or more sureties in the like amount;

(ii) The applicant shall co-operate in the

investigation and shall not tamper with the

prosecution witnesses.

(iii) Liberty is granted to the complainant to

move this Court, if the amount of maintenance

is not paid.

(iv) With this, the Application stands disposed

of.

(SANDEEP K. SHINDE, J)

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