Mohd. Imran Mohd. Anwarli v. The State Of Maharashtra

Vikrant Elgire 1/2 27-BA-316-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 316 OF 2016 Mr.Mohd. Imran Mohd. Anwarali ... Applicant Vs.

The State of Maharashtra (At the instance of Inspector of Police, Bangur Nagar Police Station) ... Respondent ......

Mr. Prakash Vare i/b. Ms.Pooja Saxena for the Applicant. Ms. S. S. Kaushik, APP for the Respondent-State. ......

CORAM : N. W. SAMBRE, J.

DATE : 17th November 2016 P.C.

1.

The applicant is seeking regular bail in C.R.No.331 of 2015 registered with Bangur Nagar Police Station for the offences punishable under Sections 498(A), 306 of Indian Penal Code. 2.

The investigation in the matter is complete and the charge sheet is filed. The applicant claims to have been married to one Kulsum, the deceased herein, in April 2015.

3.

Ezazul Mohd. Ayub, the brother of the deceased, lodged complaint on 30th September 2015 alleging ill-treatment and cruelty practiced by the applicant on the deceased Kulsum, whereby, demand of dowry of Rs.5 Lacs was made.

Vikrant Elgire 2/2 27-BA-316-2016.odt 4.

Perusal of the contents of the First Information Report and the other material, including that of the statements, does not depict that it was within the knowledge of the applicant that such conduct on his part viz. demand of dowry will drive the victim to commit suicide. 5.

The applicant is already behind the bars since about a year. In my opinion, no fruitful purpose would be served by ordering further detention of the applicant.

6.

The application is allowed. The applicant be released on his furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount. Two consecutive absence of the applicant in the trial before the learned Sessions Judge will entail the Sessions Judge to proceed with cancellation of bail of the applicant.

(N. W. SAMBRE, J.)