Nihal Idris Shaikh And ORS v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 904 OF 2018 Nihal Idris Shaikh and others ... Applicants

Versus

The State of Maharashtra and another ... Respondents .....

Mr. Aniket Vagal for Applicants.

Mrs. A. A. Takalkar, APP for the State.

Mr. Pranit Pawar i/b Mr. Nilesh Dave and Karan Mertia for Intervener.

.....

CORAM : PRAKASH D. NAIK, J.

DATE : 20th AUGUST, 2018.

P. C.:

1.

This is an application for anticipatory bail in connection with C.R. No.83 of 2018 registered with R.C.F. Police Station, Mumbai for offences under Section 498(A), 354, 323, 406, 34 of IPC. 2.

The applicant No.1 is the husband of complainant and applicant Nos. 2 and 3 are in-laws and applicant No.4 is minor brother-in-law of the complainant. This Court, by order dated 2nd May, 2018 granted interim protection to the applicants and the applicant Nos. 1 to 3 were directed to report investigating officer of concerned police station on 7th and 8th May, 2018. The FIR was

2 18-aba-904.18.doc lodged on 8th March, 2018 by the complainant. The complainant has alleged the harassment caused to her and retention of ornaments belonging to her. The marriage between the complainant and applicant No.1 was solemnised on 22nd April, 2017. It appears that there are no chances of settlement between the parties as submitted by the Advocate representing both the sides. In accordance with order dated 2nd May, 2018, the applicants have attended the police station. Learned APP submitted that the residential premises of the applicants were searched during the course of investigation, but nothing could be recovered. Learned Advocate for intervener submits that the ornaments belonging to the complainant could not be recovered during the course of investigation. However, as stated by learned APP, the applicants have attended the police station and during the search nothing could be recovered from them. 3.

Taking into consideration aforesaid circumstances and considering the investigation carried out by the police, the custodial interrogation of the applicants is not required. Hence, I pass the following order.

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O R D E R

(i) Anticipatory bail application is allowed.

(ii) The interim order dated 2nd May, 2018 is confirmed. (iii) In the event of arrest, the applicants be enlarged on bail on executing P.R. bond in the sum of Rs.10,000/- each with one or more sureties each in the like amount.

(iv) The applicants shall attend the concerned police station as and when called by the investigating officer for the purpose of investigation.

4.

Application stands disposed of.

( PRAKASH D. NAIK, J.) Shridhar Marutirao Sutar Shridhar Marutirao Sutar Date: 2018.08.23 15:06:36 +0530