Javed S/O Ebrahim Ismail Shaikh v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.09 OF 2015 Javed Ebrahim Shaikh ...Applicant vs.
State of Maharashtra
...Respondent
Mr. R.V. Sipahimalani, Advocate for the Applicant.
Mr. S.H. Yadav, APP for the State.
CORAM : P.D. KODE, J.
DATE : JANUARY 08, 2015 P.C.
.
The application by brother in law of the victim by named Yasmine for pre arrest transit bail in connection with C.R. No.93 of 2014 registered with Gulbarga police station, Karnataka on 16-122014 for the offences punishable under Sections 498(A), 323, 504 and 506 read with 34 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act, 1961.
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2.
The crime is registered upon the F.I.R. lodged by the victim regarding cruelty met by her allegedly at the hands of applicant and her husband i.e. brother of the applicant and his parents. 3.
The learned counsel for the applicant has contended that applicant intents to approach the proper Forum i.e. Sessions Court at Gulbarga for pre arrest bail as apparently he has been falsely implicated in this case by her sister in law taking avenge primarily against her husband and consequently against other members of her husband. It is submitted that it will take some time and in the meanwhile if the applicant is not protected then, his application intended to be preferred would be rendered infructuous. It is submitted that the applicant will abide with all the conditions as imposed by this Court.
4.
Having regard to the said submissions and the perusal of F.I.R. revealing that the 2/4
allegations of cruelty are vague regarding date, time and place at which the victim was subjected to cruelty either for demand of dowry or otherwise and particularly the allegations qua the applicant, the applicant has time being made out case for protecting him.
5.
Inform the investigating officer of above referred crime that in event of arrest of the applicant, the applicant be forthwith released on bail uptil 23-01-2015 upon executing a P.R. Bond of Rs. 30,000/- (Thirty Thousand) with one or more sureties to make up like amount and subject to conditions of the applicant, (i) staying at the address mentioned in the application.
(ii) immediately reporting to investigating officer after he reached at Gulbarga and informing his place of abode at Gulbarga.
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(iii) not directly or indirectly making any inducement, threat or promise to any person acquainted with the facts of the accusation against them so as to dissuade him/her from disclosing such facts to the investigating officer and (iv) not misusing the protection granted by this order for fleeing away or for any other oblique purpose.
6.
Registry to sent a copy of this order to the Court of Sessions, Gulbarga, Karnataka through the Registrar, Karnataka High Court upon payment of necessary charges for the said purpose by the applicant.
Application stands disposed of.
(P.D. KODE, J.) 4/4