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Bombay High CourtABA/121/2020allowed

Nilesh Hari Tarkasband v. The State Of Maharashtra

2021-03-18Hon'Ble Shri Justice Prakash D. Naik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 121 OF 2020 Nilesh Hari Tarkasband ... Applicant

Versus

The State of Maharashtra ... Respondent .....

Mr. Sachin H. Deokar, Advocate for the Applicant. Ms. Veera Shinde, APP for the Respondent - State. .....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

18th MARCH, 2021 PER COURT :

1.

The applicant is apprehending arrest in connection with C.R.No.282 of 2019, registered with Khandeshwar Police Station, Navi Mumbai, for the offences punishable under Section498-A, 323, 504 and 506 read with 34 of Indian Penal Code("IPC", for short). First Information Report ("FIR", for short) was lodged on 12th December, 2019.

Manish S. Thatte Manish S. Thatte Date: 2021.03.20 15:29:00 +0530 2.

The marriage between the applicant and the victim was solemnized in 2008. There are two issues out of the wedlock. Both are daughters. It is alleged that the applicant was neglecting his wife and she was subjected to harassment. The applicant's wife is

ailing and she was hospitalized. Applicant had refused to pay the hospital bill to the tune of Rs.70,000/-. It is alleged that the wife of the applicant is required to spent huge amount for undergoing treatment.

3.

The applicant was granted interim protection vide order dated 16th January, 2020. The counsel for the applicant submitted at that time that the applicant is willing to pay an amount of Rs. 70,000/- towards the expenses of medical treatment. The said fact is recorded in the order dated 16th January, 2020. It is submitted that the applicant was willing to deposit the said amount by way of Demand Draft. However, the said amount was not accepted by the complainant. In these circumstance, interim protection granted by this Court can be confirmed. Hence, I pass the following order:

ORDER

(i) Anticipatory Bail Application No.121 of 2020 is allowed; (ii) The interim order dated 16th January, 2020 is hereby confirmed.

(iii) In the event of arrest of the applicant in connection with in C.R.No.282 of 2019, registered with Khandeshwar Police Station, Navi Mumbai, the applicant be released on bail on furnishing P. R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(iv) The applicant shall attend the investigating officer as and when called for till filing of charge-sheet. (v) Anticipatory Bail Application stands disposed of accordingly.

(PRAKASH D. NAIK, J.)