Mohd. Raees Mohd. Salim Qureshi v. State Of Maharashtra
2023:BHC-AS:29239
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2745 OF 2023 Mohd. Raees Mohd. Salim Qureshi ...
Applicant versus The State of Maharashtra ...
Respondent Mr. Raviraj Paramane, for Applicant.
Mrs. Geeta P. Mulekar, APP for State.
Mr. Vijay Khilare, PSI Oshiwara Police Station present.
CORAM:
N.J.JAMADAR, J.
DATE :
4 OCTOBER 2023 P.C.
1.
Heard the learned Counsel for the parties.
2.
This is an application for pre-arrest bail in connection with C.R.No.63 of 2021 registered with Oshiwara Police Station for the offences punishable under Sections 498-A, 323, 406, 504, 506, 509 read with Section 34 of the Indian Penal Code.
3.
The first informant lodged a report with the allegations that the applicant had solemnized marriage with her suppressing his criminal antecedents. The Applicant and his mother subjected the first informant to matrimonial cruelty. The Applicant had allegedly taken a sum of Rs.50,000/- from the sister of the first informant in the year 2017 and had divested the first informant of gold ornaments to repay the loan raised for purchasing a Scooty. It is further alleged that in the month of SSP 1/3
September 2020, when the first informant went to her matrimonial home, the applicant refused to allow her to resume cohabitation. Hence, the report. 4.
From the perusal of the allegations in the FIR, it becomes clear that the genesis of the alleged offences is in the martial discord between the parties. The allegations of unlawful demand and consequent harassment to coerce the first informant to meet the demand are conspicuous by their absence. Allegedly, the amount which the applicant had collected from the sister of the first informant was to start the business and the sale of the gold ornaments of the first informant was to repay the loan.
5.
In the aforesaid view of the matter, the custodial interrogation of the applicant does not seem to be warranted to facilitate further investigation. I am, therefore, inclined to exercise the discretion in favour of the applicant. 6.
Hence, the following order :
ORDER
(i) In the event of the arrest of the Applicant - Mohd. Raees Mohd. Salim Qureshi in connection with C.R.No.63 of 2021 registered with Oshiwara Police Station, the Applicant be released on bail on furnishing a PR bond in the sum of Rs.30,000/- with one or two sureties in the like amount. (ii) The Applicant shall co-operate with the investigation and report to Oshiwara Police Station on every alternate Saturday from 10.00 a.m. to 1.00 p.m. till SSP 2/3
the filing of the Chargesheet.
(iii) The Applicant shall not tamper with the prosecution evidence and/or give threat or inducement to any of the prosecution witnesses and the persons acquainted with the facts of the case.
(iv) The applicant shall regularly attend the proceedings before the jurisdictional Court.
(v) The Application stands disposed.
( N.J.JAMADAR, J. ) SSP 3/3