Sarfaraj Hussain Dalvi And ORS v. The Stat Of Maharashtra

4.ABA1546_2014.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1546 OF 2014 Sarfaraj Hussain Dalvi & Ors.

... Applicants vs.

The State of Maharashtra ...

Respondent Mr. Gaurav Parkar, Advocate for the applicants. Mr. D.P. Adsule, APP for the State.

CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 23rd March, 2015.

P.C.

This Application is moved for anticipatory bail, as all the applicants/accused are prosecuted for the offences punishable under section 498A. 406, 323, 506 r/w. 34 of the Indian Penal Code pursuant to the information given by Sana Sarfaraj Dalvi, wife of applicant/accused no. 1 and the offence was registered at C.R. No. I 00/2014 with Mumbra Police Station, Thane on 1st November, 2014.

2.

It is the case of the prosecution that on 10th April, 2011 the informant married to applicant/accused Sarfaraj. A son is born out of the wedlock, who is now approximately 21⁄2 years old. After marriage, the informant was harassed by all the applicants/accused. There was demand of money and pressure of bringing money from her maiden home. The applicants/accused tried to kill her, therefore, she along with her son left the house and started living with her parents at Mumbra.

4.ABA1546_2014.doc 3.

This case was sent for mediation, however, unfortunately the mediation failed.

4.

The learned APP and learned counsel for the intervener opposed the Application.

5.

On considering the facts of the case and as the parties are residing away from each other in different places, I hereby confirm the interim bail with the following order:

O R D E R

(i) The Application is allowed.

(ii) In the event of arrest, the applicants/accused be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- each with one or two sureties in the like amount. (iii) The applicants/accused shall not harass and pressurize the complainant and her family members that they should withdraw the case and in any other manner.

(iv) The applicants/accused shall attend the concerned police station on every Saturday between 4 p.m. to 5 p.m. for one month.

6.

The Application stands disposed of accordingly. (MRS. MRIDULA BHATKAR, J.)