Amit Chakravarty And ORS v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.520 OF 2019 Mr. Amit Chakravarty & Ors.

....Applicants Vs.

The State of Maharashtra & Anr. ....

Respondents Mr. Shashank Chaudhari for Applicant Ms. Sharmila Kaushik, A.P.P., for State-Respondent Coram : NITIN W. SAMBRE, J.

Date : 8th JULY, 2021 P.C.:

1.

The applicants have filed this application seeking pre-arrest bail in Crime No. 28 of 2019, registered with APMC, Navi Mumbai Police Station, for the offence punishable under Sections 498-A, 323, 406, 504, 506 read with 34 of Indian Penal Code.

2.

Applicant No.1 was married to the complainant on 5th May, 2017.

3.

From the record, it is noticed that after marriage, the complainant is hardly stayed with the applicant. It is further brought to

2/3 my notice by categorical statement made by Mr. Shashank Chaudhary, learned counsel appearing for the applicants that the applicant No.2 Asha Chakravarty died during pendency of the present application. 4.

He is at liberty to place on record death certificate of Asha Chakravarty before the I.O., in due course of time. 5.

Applicant No. 3 Mohit, is the son of applicant No. 4, who happens to be the sister of applicant No. 2- deceased Asha. 6.

It appears that the complainant is hardly stayed with the applicant after the marriage and the offence has given rise out of matrimonial discord.

7.

The applicants were on ad-interim protection vide order dated 28th February, 2019 passed by this Court (Coram : Prakash D. Naik, J.) i.e. for about 2 1⁄2 years. That being so, in my opinion, no fruitful purpose would be served in rejecting the prayer of the applicants for bail.

8.

As such, ad-interim order dated 28th February, 2019 stands confirmed. Hence, following order :

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O R D E R

1.In the event of arrest in Crime No.28 of 2019, registered with APMC Police Station, Navi Mumbai, for the offence punishable under Sections 498-A, 323, 406, 504 and 506 read with 34 of the Indian Penal Code, the applicants be released on bail on their executing P.R. bonds in the sum of Rs.25,000/- each with one or more solvent sureties in the like amount.

2.The Applicants shall not tamper with the evidence or attempt to influence/contact the complainant, witnesses or any person concerned with the case. 3.The Applicants shall report the Investigating Officer as and when required.

9.

The application stands disposed of.

( NITIN W. SAMBRE, J.)