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Rakesh Prakash Jain And Anr vs The State Of Maharashtra on 1 August, 2019

aba.1700.19.922.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPTORY BAIL APPLICATION NO. 1700 OF 2019

1. Rakesh Prakash Jain
2. Prakash Hukmichand Jain …Applicants
Versus
The State of Maharashtra …Respondent

Mr. Vinod Kashid for the Applicants

Ms. Veera Shinde, A.P.P for the Respondent-State

Complainant Ms. Shweta Jain, is present in-person

PSI Mr. Pulellu from Dahisar (East) Police Station, is present

CORAM : REVATI MOHITE DERE, J.
THURSDAY, 1st AUGUST 2019
P.C.

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

connection with C.R. No. 89 of 2019 registered with the Dahisar (East)

Police Station, Mumbai, for the alleged offences punishable under Sections

498A, 406, 380, 323, 504, 506 r/w 34 of the Indian Penal Code.

2 At the outset, learned counsel for the applicant seeks leave to

implead the complainant as party-respondent No. 2. Leave granted.

Amendment be carried out forthwith.

SQ Pathan 1/3

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3 Heard learned counsel for the applicant.

4 Learned counsel for the applicant submits that the

complainant-Shweta has filed a petition under Section 13(1)(i-a), 13(1)

(i-b), 25 of the Hindu Marriage Act and under Section 7 of the Family

Courts Act and under Sections 12, 18 and 23 of Domestic Violence Act, in

the Family Court at Bandra. He submits that pursuant to the said petition

filed by the complainant, the parties i.e. the complainant and the applicant

No. 1 entered into partial consent terms for mutual consent divorce. He

submits that clause (5) of the said Consent Terms reads as under :

“5. Both the parties agreed that issue regarding
maintenance, streedhan for the wife and permanent custody
of the child shall be decided by the Hon’ble Court on merit.”

5 Learned counsel for the applicant submits that since the matter

is pending before the Family Court, Bandra, and the parties are in the

process of amicably settling the dispute, the applicant’s custody is not

warranted.

6 Issue notice to the added respondent No.2/complainant. The

SQ Pathan 2/3

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complainant, who is present in-person, waives notice and seeks time to

engage an Advocate.

7 In the meantime, till the next date, the applicant is granted

interim protection on the following terms and conditions :

ORDER

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

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

sureties in the like amount;

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

concerned Police Station on 8th and 12th August 2019 from 10:00 a.m.

to 11:00 a.m, and thereafter as and when called.

8 Stand over to 26th August 2019.

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

REVATI MOHITE DERE, J.

SQ Pathan 3/3

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