Ziyauddin Mohd. Riyazuddin Shaikh v. The State Of Maharashtra And ANR

2 -aba-1481-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1481 OF 2019 Ziyauddin Mohd. Riyazuddin Shaikh ..Applicant V/s.

The State of Maharashtra & Anr.

..Respondents ---- Mr. Suryakant B. Choudhari i/b. Mr. Deepak Dere, for the Applicant.

Ms. M. M. Deshmukh, APP for the Respondent / State. API Santosh Byagehalli, Agripada Police Station present. ---- CORAM : C. V. BHADANG, J.

DATE : 6 AUGUST 2021 MAMTA AMAR KALE by MAMTA AMAR KALE Date:

2021.08.06 15:15:16 +0530 P.C.

.

The Applicant apprehending arrest in connection with investigation of C.R. No.146/2019 of Police Station Agripada under Section 498-A, 377 r/w. Section 34 of IPC, is seeking anticipatory bail.

2.

The said crime is registered on the basis of a complaint lodged by Smt. Shaina Shaikh who is the wife of the Applicant. It appears that the complaint is outcome of the matrimonial dispute between the parties. The record discloses that on 10 July 2019 Mamta Kale page 1 of 2

2 -aba-1481-19 interim protection was granted to the Applicant, interalia on the condition of attendance with the Investigating Officer. 3.

Learned APP, on instructions from the Investigating Officer who is stated to be present in the Court, states that the Applicant has accordingly attended and co-operated with the Investigating Agency. Learned APP also states that the investigation is complete and the chargesheet is ready to be filed. Learned APP submitted that there are criminal antecedent as regards to the previous offence registered under Section 324 of IPC against the Applicant.

4.

In my considered view, having regard to the facts and circumstances of the case and that interim protection is operating for more than two years and the Applicant having co-operated with the Investigating Agency and the investigation being complete, the interim protection can be confirmed. 5.

In the result, the Criminal Application is disposed of in terms of the order dated 10 July 2019, subject to the condition that the Applicant shall attend the Investigating Officer if required and shall not tamper with the prosecution evidence / witnesses.

(C. V. BHADANG, J.) Mamta Kale page 2 of 2