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Bombay High CourtABA/1699/2019disposed off

Faizan M. Siddiqui v. The State Of Maharashtra

2021-10-12Hon'Ble Shri Justice Nitin W. Sambre3 pages

by IRESH SIDDHARAM MASHAL Date: 2021.10.14 10:07:26 +0530 IRESH SIDDHARAM MASHAL ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1699 OF 2019 FAIZAN M. SIDDIQUI ....APPLICANT V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT WITH CRIMINAL APPLICATION NO. 1241 OF 2019 IN ANTICIPATORY BAIL APPLICATION NO. 1699 OF 2019 TASNIM FAIZAN SIDDIQUI ....APPLICANT

IN THE MATTER BETWEEN

FAIZAN M. SIDDIQUI ....APPLICANT V/s.

THE STATE OF MAHARASHTRA .....RESPONDENT Mr. Mubin Solkar i/b Sopariwala Mohd. Aamir Farooque for the applicant Mr. A. R. Kapadnis APP for the State Ms. Cathrine Fernandez i/b Siddique Rizwan Alam for intervenor CORAM :

NITIN W. SAMBRE, J.

DATE:

12th OCTOBER, 2021.

P.C.:

1] Both parties are present in the Court and through their respective counsel have tendered consent terms duly signed and 1/3

notarized. A joint request is made by the respective counsel that present application can be disposed of in accordance with consent terms.

2] Consent terms are taken on record and marked as 'X' for identifcation. Same may be read as part of this order. 3] Parties further assure that they shall conduct themselves in accordance with consent terms i.e. to say complainant agrees to withdraw proceedings under Protection of Women from Domestic Violence Act, 2005 and so also extend consent for quashing of prosecution of the applicant.

Similarly, applicant-husband has taken responsibility to support the complainant and son fnancially in tune with the consent terms.

4] As the offence alleged is arising out of the matrimonial discord and parties have reached to a settlement on the terms as has been 2/3

refected in the consent terms, in my opinion, prayer of the application for grant of anticipatory bail is made out. (i) In the event of arrest of applicant in C.R. No. 494/2018 registered with Amboli Police Station for offence punishable under Sections 498-A, 417, 323, 352 and 506 of the Indian Penal Code and Section 8 and 10 of the Protection of Children from Sexual Offences Act, 2012, he be released on bail on furnishing P.R. bond in the sum of Rs. 15,000/- with one or more sureties in the like amount.

(ii) Applicant is permitted to furnish provisional cash bail in the sum of Rs. 15,000/- for a period of 4 weeks in lieu of sureties.

(iii) Applicant shall neither infuence prosecution witnesses in any manner nor tamper with evidence. 5] Application stands disposed of.

6] In view of disposal of anticipatory bail application, intervention application also stands disposed of.

[NITIN W. SAMBRE, J.] 3/3