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Judgments of Supreme Court of India and High Courts

Mr vs Tibrewal on 15 January, 2019

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15.01.2019

07 md.

Allowed
CRM No. 10619 of 2018
In Re:- An application for anticipatory bail under Section 438 of the
Code of Criminal Procedure filed on 26th November, 2018 in connection
with Shakespeare Sarani P.S. Case No.266 dated 11.10.2018 under
Sections 498A/406/376B/34 of the Indian Penal Code (corresponding to
GR Case No. 1467 of 2018).

And
In Re:-

Varun Bawari Ors.

petitioners
Mr. Sandipan Ganguly, Sr. Advocate
Mr. Saurabh Prasad
… for the petitioners
Mr. N.K. Poddar,
Mr. V. Tibrewal
.. for the de facto complainant

Mr. Aniket Mitra
..for the State

The petitioners seek anticipatory bail in connection with

Shakespeare Sarani P.S. Case No.266 dated 11.10.2018 under

Sections 498A/406/376B/34 of the Indian Penal Code (corresponding

to GR Case No. 1467 of 2018).

The matter was adjourned on December 20, 2018, so that the

stridhan articles of the de facto complainant could be discovered and

made over to her.

A list of the most-precious articles was furnished on behalf of the

de facto complainant. It is submitted on behalf of the petitioners that

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the Diamond Set, the Diamond Bracelet and Diamond Tops are not at

the matrimonial home and cannot be found there. As to the Diamond

Moti Drop Half Set, it is submitted on behalf of the petitioners that

such jewellery has been found in the complainant’s almirah at the

matrimonial home. In addition, it is submitted on behalf of the

petitioners that a South Sea Pearl Moti Set, Green Stones with small

diamond pendent earrings, Manak with Diamond Set and two Moti

Bangles may be lying in the bank locker to which the complainant has

access and the keys whereof are with the complainant. The

petitioners admit to be in possession of the Engagement Ring that was

apparently returned to the husband, a Srinath Ji pendant with Chain

and a Silver Jug Set which the petitioners are immediately willing to

return.

It is also submitted on behalf of the petitioners that the daily

wearing apparels and other articles of the complainant are also at the

matrimonial home which the complainant is at liberty to take away.

The Investigating Officer is directed to accompany the

complainant to the matrimonial home for the articles available there

as indicated on behalf the petitioners to be taken away by the

complainant and for any search to be conducted at the matrimonial

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home that may be reasonably suggested by the complainant. In

addition, it will be open to the complainant to obtain the jewellery

listed and which the petitioners claim are available in her bank locker.

It will also be open to the complainant to require the bank lockers

controlled by the petitioners to be opened to ascertain whether any of

her stridhan articles may be lying there.

The petitioners will remain restrained from opening their bank

lockers at this moment till the investigating officer opens the same in

the presence of the complainant. At the time of opening of the lockers,

the relevant person in whose name the lockers may be hired, will also

be present along with an employee of the bank who will be deputed by

the branch manager for the purpose of the inventory to be prepared

which will bear the signatures of the person in whose favour the

locker is rented out, the de facto complainant, the investigating officer

and the bank employee. Such exercise will be carried out within a

fortnight from date.

The petitioners will enjoy unconditional protection for a

fortnight from date.

Upon the exercise being completed as above, the petitioners will

be entitled to entitled to anticipatory bail.

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In the event of arrest, the petitioners will be granted bail upon

furnishing a bond of Rs.10,000/- (Rupees ten thousand only) each,

with two sureties of Rs. 5,000/- (Rupees five thousand only) each, one

of whom must be local, to the satisfaction of the arresting officer,

subject to the conditions as laid down in Section 438 (2) of the Code of

Criminal Procedure, 1973. In addition, the petitioners will report to the

Investigating Officer at such time and place as may be specified by the

concerned police officer, till the investigation is completed.

CRM 10619 of 2018 is allowed as above.

A certified copy of this order be immediately made available to

the petitioners subject to compliance with all requisite formalities.

(Suvra Ghosh, J.) (Sanjib Banerjee, J. )

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