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Mohammed Suleman Farooqui vs The State Of Maharashtra And Anr on 8 July, 2021

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Mohammed Suleman Farooqui … Applicant.


The State of Maharashtra Anr. … Respondents.

Mr. Madhukar P. Dalvi, Advocate for the Applicant.
Mr. S. S. Pednekar, APP for the Respondent- State.
Ms. Misbaah Solkar, Advocate for the Informant/Intervener.

DATE : JULY 08, 2021

1 The Applicant is seeking anticipatory bail in connection with C.R.

No. 433 of 2021 registered with RCF Police Station, Chembur on 08.06.2021

under sections 498A, 377, 323, 406, 504, 506 of the Indian Penal Code and

under sections 8 12 of the POCSO Act.

2 At the outset, the learned APP seeks time to take instructions.

Therefore, at his instance, today I am adjourning the matter.

3 Since the provisions of the POCSO Act are invoked, it is

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necessary that the informant is formally added as a party Respondent No.2. The

learned counsel for the Applicant is directed to carry-out amendment to add the

original informant as Respondent No.2. While carrying out the amendment,

care should be taken to conceal the identity of the first informant.

4 Ms. Misbaah Solkar, learned Advocate appearing for the

informant, waives service on behalf of the informant/ intervener.

5 Today, I have heard the parties for consideration of the interim


6 The FIR is lodged on 08th June, 2021 by the wife of the Applicant.

She has described that they had got married on 08 th July, 2001 and that they

have a son and daughter aged about 15 and 16 years respectively. The FIR

mentions that the Applicant developed extra marital affair with another lady

and thereafter had started residing elsewhere. There are allegations that the

Applicant was causing harassment to the informant and demanding certain

amount. Since 2015 because of his extra marital affair, the informant was

continuously harassed. There are allegations of unnatural sex with her. The

FIR mentions that in the year 2016, the Applicant had committed certain acts

with his minor son, which are the serious offences under the POCSO Act and

on the basis of which, the FIR is lodged.

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7 Learned counsel for the Applicant submits that the present F.I.R.

is lodged as a counter-blast to another FIR dated 08 th May, 2021 registered at

Naya Nagar Police Station vide CR No. 314 of 2021 mainly under sections 498-

A, 406, 377, 354, 504, 506 read with section 34 of the IPC. That FIR was

lodged by the Applicant’s close friends daughter against a close relatives of the

first informant in this case. The learned counsel submitted that there is many

month’s delay in making allegations under the POCSO Act as these acts were

allegedly committed in the year 2016.

8 Learned counsel for the Respondent No. 2 submits that the

Applicant has been making it difficult for the informant to live peacefully and is

causing harassment to the informant and their children. She submits that the

applicant has committed serious offences and that he would tamper with the

investigation, if granted protection.

9 Since, the learned APP is seeking time, I am adjourning the matter.

So far the allegations leveled against the applicant by the informant under the

POCSO Act, are concerned, they are related to the year 2016. Whether they are

made as an afterthought to give serious colour to the FIR will have to be

examined when the investigation papers are before the court. The argument of

Mr. Dalvi, Advocate for the Applicant that the present FIR is filed as a counter-

blast to the FIR referred to here-in-above, does not really appeal to me.

However, that question is left open to be decided on the next occasion.

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10 At this stage, considering the close relationship between the

informant and applicant and considering the interest of their children; today I

am protecting the applicant by way of interim relief till the next date.

11 Hence, the following order :


i. In the event of arrest of the Applicant in connection with C.R. No.

433 of 2021 registered with RCF Police Station, Chembur, till the next

date, he be released on bail on his furnishing PR bond in the sum of Rs.

30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the

like amount.

ii. This order shall operate till 17th August, 2021.

iii. The Applicant shall attend the concerned police station as and

when called by the investigating officer and shall co-operate with the


iv. The applicant shall not, in any way, cause harassment to the

informant and their children.

v. Stand over to 17th August, 2021.



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