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Bombay High CourtABA/1626/2022application allowed

Zulekhabe Shaikh Mohd. Harun And Another v. The State Of Maharashtra And Another

2023-01-24Hon'Ble Shri Justice N. B. Suryawanshi2 pages

{1} aba1626-22.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1626 OF 2022 Zulekhabe Shaikh Mohd Harun and Another APPLICANTS

VERSUS

The State of Maharashtra and Another RESPONDENTS .......

Mr. Suvidh S. Kulkarni, Advocate for the applicants Mr. V. S. Badakh, APP for respondent - State Mr. Ravindra N. Jadhav, Advocate for the informant .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 24 th JANUARY, 2023 ORDER :

1.

The applicants apprehend arrest in Crime No.170 of 2021 registered with Sillod City Police Station, for offence punishable under sections 316, 323, 498A, 504, 34 of the Indian penal Code.

2.

FIR is lodged by Zaida w/o Shaikh Javed against five accused persons including her husband being accused No.1, mother in law accused No.2 and three sisters in law. It is alleged that the accused ill-treated her and her husband assaulted her on stomach when she was pregnant due to which she had undergone abortion.

3.

Heard learned advocate for the applicants, learned Additional Public Prosecutor for the State and the learned

{2} aba1626-22.doc advocate for the informant. Perused the papers of investigation. 4.

The applicants are sisters in law of the informant, who are staying with their husbands at their respective places and they are not residing with the informant and her husband. 5.

The informant has filed an affidavit in the form of application for assisting learned Additional Public Prosecutor, wherein she has stated that matrimonial dispute between her and her husband - accused No.1 is amicably settled and now she is residing with accused No.1 i.e. her husband. She has further stated that she has no objection if anticipatory bail application is allowed.

6.

In the light of amicable settlement of matrimonial dispute between the informant and her husband, the application is allowed, by confirming the interim order.

7.

Till filing of charge sheet, the applicants shall attend the concerned police station as and when called by the Investigation Officer. The applicants shall not tamper prosecution evidence. [NITIN B. SURYAWANSHI] JUDGE drp/aba1626-22.doc