Mudassir Mohd Mustafa Khan v. The State Of Maharashtra
Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Digitally signed by URMILA PRAMOD INGALE Date:
2022.12.01 15:53:58 +0530 URMILA PRAMOD INGALE BAIL APPLICATION NO.3139 OF 2022 WITH INTERIM APPLICATION NO. 4040 OF 2022 Mr. Mudassir Mohd. Mustafa Khan ..Applicant vs.
State of Maharashtra ..Respondent Mr. Vahid Shaikh, for applicant.
Mr.S.H. Yadav, APP for respondent-State.
Mr. Akhilesh Singh, for Intervener.
CORAM : M. S. KARNIK, J.
DATE : DECEMBER 1, 2022 P.C. :
1.
Heard learned counsel for the applicant and learned APP.
2.
This is an application for bail for the offence punishable under sections 313, 323, 504, 506, 34 of the Indian Penal Code, 1860 in connection with C.R. No. 1938 of 2022 registered with Sakinaka Police Station. 3.
The FIR is lodged at the instance of Hasabunissa Mehtab Alam Khan who is related to the applicant. The
proceedings are the outcome of the matrimonial dispute. During the course of hearing, learned counsel for the intervener -original complainant appeared and placed on record copy of the consent terms. The same are taken on record. Suffice it to mention that the parties have agreed to settle their dispute and withdraw the allegations against each other. The parties may resort to appropriate proceedings for quashing of the proceedings as stated in the consent terms.
4.
I have gone through the allegations in the FIR. The applicant is in custody since 28/10/2022. Looking at the nature of the allegations, in view of the stand taken by the intervener and considering that the present FIR is an outcome of matrimonial proceedings, I do not find it necessary to prolong the custody of the applicant any more. The applicant is in custody for more than one month. Hence, the following order.
O R D E R
(a) The applicant - Mr. Mudassir Mohd Mustafa Khan in connection with C.R.No 1938/2022 registered with Sakinaka Police Station, shall be
released on bail on furnishing P.R. bond in the sum of Rs 10,000/- with one or more sureties in the like amount.
(b) The applicant is permitted to furnish cash bail surety in the sum of Rs. 10,000/- for a period of 6 weeks in lieu of surety.
(c) The applicant shall report to the concerned Police Station as and when called.
(d) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, if there is any change.
5.
The application is disposed of. The interim application also stands disposed of.
(M. S. KARNIK, J.)