SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Nitin Hariprasad Murav vs The State Of Maharashtra on 19 December, 2018

11-ABA-1682-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.1682 OF 2018

Nitin H. Murav … Applicant
Vs
State of Maharashtra … Respondents

Mr. Vincent X D’Silva for the Applicant.
Mr. H.J.Dedhia, APP for the Respondent-State.

CORAM :SANDEEP K. SHINDE J.

DATE : 19 DECEMBER, 2018
P.C. :

It is an application for pre-arrest bail.

2 The applicant is apprehending arrest in Crime

No.I/201/2008 registered with Mumbai Naka Police Station, Nashik

at the instance of his wife for alleged commission of offence under

Section 498A, 323, 504, 506 an 34 of the IPC.

3 Heard the learned counsel for the applicant and the

learned APP for the State.

Shivgan 1/4

::: Uploaded on – 20/12/2018 25/12/2018 21:37:01 :::
11-ABA-1682-2018.odt

4 Applicant’s mother is co-accused. She was granted

anticipatory bail by the learned Additional Sessions Judge, Nashik.

The applicant herein was also granted ad-interim protection on

condition that he would attend the police station. It is submitted that

this condition was not communicated to the applicant by his

advocate and, therefore, the applicant could not attend the police

station. On this default, the learned Additional Sessions Judge

rejected his application on 18th August,2018.

5 I have perused the complaint. The complainant is the

wife, who alleged ill-treatment at the hands of the husband and his

mother. Applicants are residing at Kalyan and it appears that the

complaint is lodged by the complainant at Nashik where her parents

are residing. It appears from the records that wife had withdrawn

herself from the company of the husband and was residing at her

parents house. Thus, the applicant has filed petition under Section 9

of the Hindu Marriage Act on 26.3.2018. The complaint was lodged

Shivgan 2/4

::: Uploaded on – 20/12/2018 25/12/2018 21:37:01 :::
11-ABA-1682-2018.odt

in June, 2018.

6 That upon taking into consideration the facts of the case,

the application deserves consideration and, therefore, it is allowed.

Hence, the following order:

(1) The Application is allowed.

(2) In the event of arrest of the applicant, he be released on

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

like amount.

(3) The Applicant shall co-operate with the investigation and attend

the concerned police station as and when required.

(4) The Applicant shall furnish his contact details and residential

address so as to enable the I.O. to contact him as and when required.

(5) The Applicant shall not tamper with the prosecution evidence

in any manner whatsoever.

Shivgan 3/4

::: Uploaded on – 20/12/2018 25/12/2018 21:37:01 :::
11-ABA-1682-2018.odt

(6) The Application is disposed of.

(SANDEEP K. SHINDE, J.)

Shivgan 4/4

::: Uploaded on – 20/12/2018 25/12/2018 21:37:01 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation