Mohammad Danish Mohammad Hanif Zariwala v. The State Of Maharashtra
1/4 ABA 712-2019 (SR. 35)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 712 OF 2019 Mohammad Danish Mohammad Hanif Zariwala Applicant ...
V/s.
The State of Maharashtra & anr.
....Respondents **** Mrs. Noorseema M.U. Baig, Advocate for the applicant.
Mr. S.R. Agarkar, APP for State-respondent no.1 Ms. Vilasini Balasubramanian, Advocate for respondent no.2.
P.I. Mr. Kshirsagar, Mumbra Police Station present. CORAM :
CORAM : SANDEEP K. SHINDE, J.
SANDEEP K. SHINDE, J.
Monday, 25 Monday, 25th th November, 2019.
November, 2019.
P.C. :
P.C. :
1.
Heard learned Counsel for the parties.
2/4 ABA 712-2019 (SR. 35) 2.
Complainant is the wife of the applicant.
She alleged on 17 th January, 2019 the applicant asked her to abort the fetus and when she refused, he inflicted kicks in her stomach. The complainant was admitted to the Kalsekar Hospital. The complainant has delivered a baby child on 11 th August, 2019.
3.
The applicant and his family members are the accused in the offences punishable under Sections 323, 325, 498A, 504 read with Section 34 of the Indian Penal Code. The other accused are released on anticipatory bail by the learned Sessions Court, except this applicant.
4.
This Court on 22 nd March, 2019 granted the interim relief and the same is continued from time to time. Learned APP on instructions submits that the investigation is over.
5.
The learned Counsel for the complainant is apprehending threats to the newly born child at the applicants hands. In view of this apprehension, '
3/4 ABA 712-2019 (SR. 35) the applicant is directed not to enter the jurisdiction of Kurla Police Station and make any attempt to contact the complainant.
6.
In view of the facts and since the investigation is over, the following order is passed :
ORDER
(i) The Anticipatory Bail Application is allowed. (ii) In the event of the arrest of the applicant arrested in Crime No. I-37-2019 registered by Mumbra Police Station for the offences punishable under Sections 323, 325, 498A, 504 read with Section 34 of the Indian Penal Code, is directed to be released on bail on furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand only) with one or two sureties in the like amount.
(ii) The applicant shall attend the concerned Police Station as and when called.
4/4 ABA 712-2019 (SR. 35) (iii) The applicant shall furnish the particulars of his latest place residence and mobile contact number and/or change of residence or mobile details, if any, to the Investigating Officer of the Police Station concerned within seven days from today;
(iv) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.
7.
The Anticipatory Bail Application stands disposed off in above terms.
(SANDEEP K. SHINDE, J.)