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Sameer Alam Qureshi @ Sameer … vs The State Of Maharashtra And Anr on 10 January, 2019

Sknair 4-aba-1114-17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 1114 OF 2017

Sameer Alam Qureshi @ Sameer
Shazadealam Qureshi … Applicant
Vs.
The State of Maharashtra Anr. … Respondents

Mr. Mubin Solkar a/w Mr. Aamir Sopariwala I/by Ms. Zara Saloti
for the applicant.
Ms. A.A. Takalkar, APP for the Respondent-State.
Ms. Anita Vasani for the intervenor.
Mr. Nilesh Dhamane, PSI, Amboli Police Station is present.

CORAM : PRAKASH D. NAIK, J.
DATE : 10th JANUARY, 2019.

P.C.

1. The applicant is apprehending arrest in connection with CR

No. 36 of 2017 registered with Amboli Police Station, Mumbai.

The offences were registered under Sections 498A, 495, 406, 504,

506 and 323 of Indian Penal Code.

2. The complaint is lodged by wife of the applicant. The

marriage between the applicant and complainant was solemnized

in the year 2008. There are matrimonial differences between the

applicant and the complainant. Learned counsel for the applicant

states that the co-accused were granted anticipatory bail by the

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Sessions Court by order dated 18th April, 2017.

3. Applicant was granted interim protection vide order dated

30th June, 2017. He was directed to attend the police station.

Learned APP submitted that applicant had not attended the police

station. However, learned counsel for the applicant submitted that

there was a communication gap between the lawyer which was

representing the applicant previously and the application was

initially dismissed for want of prosecution and therefore, the

applicant had not attended the police. Learned counsel for the

applicant submitted that applicant has attended the police station

in the month of December, 2018. Learned counsel for the

applicant tendered the acknowledgment with regards to the

attendance of the applicant to the Police Station. He also pointed

out the complaint forwarded by the society mentioning that the

applicant was assaulted by complainant and her sister.

4. Learned counsel for the intervenor submitted that the

applicant has made false statement. The complainant had

initiated the proceedings under the Domestic Violence Act before

the Family Court in which the maintenance order has been granted

to the complainant. Although, the order was passed in 2018, the

applicant has not paid the maintenance amount to the

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complainant. Learned counsel for the applicant on instructions

from the applicant who is present in the Court submits that

applicant would deposit an amount of Rs.1,00,000/- towards the

arrears of maintenance within four weeks before the Family Court,

without prejudice to his right. In the event of default of payment

of arrears of maintenance, the complainant will be at liberty to

initiate appropriate proceedings.

5. Learned APP submitted that the ornaments which were the

subject matter of the First Information Report are not yet

recovered. It is the contention of the applicant that the ornaments

were taken away by the complainant. It is noted that the marriage

was solemnized in the year 2008 and the First Information Report

was lodged in 2017. The dispute arises out of the matrimonial

discord. Co-accused are granted anticipatory bail by the Sessions

Court. In the circumstances, interim protection granted to the

applicant deserves to be confirmed.

ORDER

i. Anticipatory Bail Application No. 1114 of 2017 is allowed;

ii. Interim order dated 30th June, 2017 stands confirmed;

iii. In the event of arrest of the applicant in connection with CR

No. 36 of 2017 registered with Amboli Police Station, Mumbai, the

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applicant be released on bail on furnishing PR Bond in the sum of

Rs.30,000/- with one or more sureties in the like amount;

iv. Applicant shall attend the Investigating Officer of the

concerned police station as and when required till filing of the

chargesheet;

v. Applicant to deposit an amount of Rs.1,00,000/- towards

arrears of maintenance within four weeks before Family Court;

v. Application stands disposed off.

( PRAKASH D. NAIK, J. )

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