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Bombay High CourtABA/2154/2018anticipatory bail granted

Amit Yashpal Mahajan And ORS v. The State Of Maharashtra And ANR

2018-10-17Hon'Ble Shri Justice Prakash D. Naik2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.2154 OF 2018

1. Amit Yashpal Mahajaj, Age 47 years,

2. Yashpal Nandlal Mahajan, Age 78 years,

3. Vijayalaxmi Yashpal Mahajan, Age 72 years,

4. Anup Yashpal Mahajan, Age 50 years, All R/o. Matunga, Mumbai.

Applicants versus The State of Maharashtra and another Respondents Mr.Aabad Ponda I/by Karan C. Jain for applicants. Mr.A.R.Kapadnis, APP, for State.

CORAM :

PRAKASH D. NAIK, J.

DATE : 17th October 2018 PC :

1.

This is an application seeking protection under Section 438 of Code of Criminal Procedure, 1973 for a temporary period to approach appropriate Court. The applicants are residents of Mumbai. The complaint is lodged under Sections 498A and 406 of Indian Penal Code r/w Sections 66 and 66B of Information Technology Act vide CR No.97 of 2018 by wife of applicant no.1 with Mahila Thana Police Station, District Jodhpur. The applicant nos.2 and 3 are father-in-law and mother-in-law respectively of the complainant and applicant no.4 is the brother-in-law of the complainant. Applicant nos.2 and 3 are senior citizens aged about 78 and 72 years respectively. It is stated that marriage of applicant no.1 and complainant was solemnized sixteen years ago. The protection is sought for a period of four weeks with a view to enable the applicants to approach appropriate Court for seeking appropriate reliefs.

Corrected version of order dated 17-10-2018, pursuant to Speaking to Minutes of order dated 23-10-2018 Manish S Thatte Thatte Date: 2018.10.25 13:04:23 +0530

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In the circumstances, I pass following order :

ORDER

(i) In the event of arrest of applicants in connection with CR No.97 of 2018 Mahila Thana Police Station, District Jodhpur through local Police Station viz Matunga Police Station, Mumbai, the applicants be enlarged on bail on furnishing PR bond in the sum of Rs.20,000/- each with one or more sureties in the like amount; (ii) This protection is granted for a period of four weeks from today to enable the applicants to approach appropriate Court for seeking appropriate reliefs;

(iii) Criminal Anticipatory Bail Application No.2154 of 2018 is disposed off.

(PRAKASH D. NAIK, J.) MST Corrected version of order dated 17-10-2018, pursuant to Speaking to Minutes of order dated 23-10-2018