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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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