Altaf Husain S/O Shanuddin Momin v. The State Of Maharashtra
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3080 OF 2015 [Altaf s/o Shanuddin Momin Vs The State of Maharashtra] _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court's or Judge's orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri A.S.Shejwal, advocate for applicant Shri V.H.Dighe, A.P.P. for respondent .....
CORAM : V.M.DESHPANDE, J.
DATED : 29 th June, 2015 PER COURT :- 1] Heard Shri A.S.Shejwal, advocate for the applicant and Shri V.H.Dighe, learned Additional Public Prosecutor for the respondent.
2] The present applicant is seeking prearrest bail, since he apprehends his arrest, in connection with Crime No. 4 of 2015, registered with Bhusawal Bazar Peth police station, for the offences punishable under Sections 498A, 406, 323, 504, 506 r/w 34 of the Indian Penal Code.
3] The first information report is lodged by wife of the present applicant, against the present applicant and her in laws. According to the first information report, the marriage between the applicant and first informant was performed on 16.9.2012. The first information report would disclose that at the time of marriage, golden ornaments and other household articles were given to the present applicant by the parents of
the first informant, however, there was a consistent demand to the tune of Rs.Ten Lacs from the present applicant and other accused persons.
4] So far as allegations in the first information report about demand by all the accused persons, the other accused are released on bail by the learned trial court. So far as present applicant is concerned, in addition to the demand it is alleged that the present applicant has given fist blows to the first informant.
From the first information report, it is clear that the matter was already taken for conciliation, however, it appears that the matter was not reconciled and thereafter the present crime is registered.
5] Looking to the nature of accusations, custodial presence of the applicant is not warranted. The applicant is working as Medical Representative. Thus, there is no possibility that he will not be available to the course of justice. That leads me to pass following order.
O R D E R
(i) Criminal Application is allowed.
(ii) ApplicantAltaf Hussain s/o Shanuddin Momin, in the event of his arrest, in connection with Crime No. 4 of 2015, registered with Bhusawal Bazar Peth police station, for the offences punishable under Sections 498A, 406, 323, 504, 506 r/w 34 of the Indian Penal Code, be released on anticipatory bail on he executing P.R. bond of Rs.5,000/ with one solvent surety in the like amount.
(iii) Applicant shall attend police station Bhusawal Bazar Peth once a fortnight, preferably on every Sunday, between 3.00 p.m. to 5.00 p.m. till the charge sheet is filed.
(iv) Criminal Application is disposed of.
(V.M.DESHPANDE, J.) dbm/crap3080.15