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Ramesh Narrottam Panchal vs The State Of Maharashtra And Anr on 12 July, 2021

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 1588 OF 2021

Mr. Ramesh Narrottam Panchal … Applicant

Versus

State of Maharashtra Anr. … Respondents

__

Mr. Akshay R. Kapadia i/b. Sonali Pawar for Applicant.
Mr. H. J. Dedhia, APP for State/Respondent.
__

CORAM :- SARANG V. KOTWAL, J.
DATE :- 12th JULY, 2021
(Through Video Conferencing)

P. C. :-

1. The Applicant is seeking anticipatory bail in connection

with C.R.No. 231 of 2021 registered with Nayanagar Police Station,

on 03/04/2021, under Sections 498A, 406, 504 and 506 r/w. 34 of

the Indian Penal Code (for short ‘IPC’).

2. Heard Shri. Akshay Kapadia, learned counsel for the

applicant and Shri. Dedhia, learned APP for the State.

3. The First Information Report (for short ‘F.I.R.’) is lodged by

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the applicant’s wife on 03/04/2021. She has stated that, she had got

married with the applicant on 16/02/2016. She has described about

their discord and harassment caused to her from time to time. The

F.I.R. mentions that, on 26/11/2016 the applicant made her to go

back to her parent’s place in Gujarat and thereafter he did not allow

her to come back to their matrimonial house. There are allegations

that the applicant had retained her stridhan and other articles. He had

also taken Rs.1,53,000/- for paying fees of his children from earlier

marriage. On this basis the F.I.R. is lodged.

4. Learned counsel for the applicant submitted that the F.I.R.

itself shows that the informant had gone to her parental house on

26/11/2016, therefore, for more than 4 and half years there is no

cohabitation. The F.I.R. is lodged much belatedly without offering any

explanation.

5. Learned APP opposed this application. He submitted that

the stridhan is retained by the applicant and it is to be recovered. He

submitted that the applicant has not furnished his proper address and

has not co-operated with the investigation at all.

6. I have considered these submissions. Though, at this stage,

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there is considerable force in the submission of learned counsel for the

applicant, the grievance expressed by learned APP also needs to be

addressed. Therefore, to strike a balance, today I am protecting the

applicant by way of interim relief with direction to him to attend the

concerned police station on specific dates.

7. Hence, the following order.

ORDER

(i) In the event of his arrest in connection with C.R.No. 231

of 2021 registered with Nayanagar Police Station, till the

next date, the Applicant be released on bail on his

executing P. R. 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 01/09/2021.

(iii) The Applicant shall attend the concerned Police Station

from 02/08/2021 to 04/08/2021 between 1:00 p.m. to

5:00 p.m. and shall cooperate with the investigation. In

addition, the applicant shall attend the concerned police

station as and when called and shall cooperate with the

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investigation.

(iv) The applicant shall furnish correct details of his residence

and contact numbers to the Investigating Officer and he

shall fully co-operate with the investigation.

(v) Stand over to 01/09/2021.

(SARANG V. KOTWAL, J.)

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