Tirth Jagdishchandra Rawal v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date:

2025.02.10 20:58:57 +0530 KANCHAN VINOD MAYEKAR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 522 OF 2024 Tirth Jagdishchandra Rawal ..... Applicant

VERSUS

State of Maharashtra ..... Respondent Mr. Prem Tanna i/b. Shailendra Mishra & Associates for the Applicant.

Mr. Ajay S. Patil, A.P.P. for the State.

Mr. Gaurav Shukla a/w. Mr.Jainam Jain i/b. Apex Juris L.L.P. for the Respondent No.2.

Mr. Devidas Gajre, A.P.I., Borivali Police Station present. CORAM : RAJESH S. PATIL, J.

DATE : 10th FEBRUARY, 2025 P.C. :- The parties in the present proceedings are husband and wife. The wife has filed an FIR against the husband under Sections 323, 406, 498A, 504 read with 34 of the Indian Penal Code, 1860 against the present applicant and five more accused (in-laws).

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Earlier on 26th February, 2024 this Court has passed an order thereby protecting the applicant from being arrest. The notice was issued to the informant. In paragraph (4) of the said order, it was recorded that 'learned counsel for the applicant makes a statement that the applicant shall hand over streedhan which is with him, to the informant'.

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There was also issue about certain educational documents of the first informant lying with the applicant (husband) and also the issue of passport of the first informant, as alleged to be with the applicant.

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Today, it has been submitted that the informant (wife) has secured a new passport and has travelled abroad. Therefore, the issue of passport has come to rest.

5.

Learned counsel appearing for the applicant submits that the educational documents and all other important documents of

3/4 the informant has been handed over to the Investigating Officer (IO). However, since the IO is not present today in Court, the said fact could not be confirmed. The A.P.P. is accordingly granted a week's time to confirm to this Court about the educational documents.

6.

As regards the streedhan is concerned, the learned counsel appearing for the first applicant submits that she does not have the receipts about purchase of the said jewellery. However, she can produce certain photographs to show that she wore the said jewellery on certain occasions.

7.

Mr. Tanna, learned counsel for the applicant submits that if such proof is handed over, and the said streedhan is not available with the applicant, the applicant will compensate in monetary form by paying Rs.18 lacs to the applicant, as per the voluntarily statement made by the applicant on 26th February, 2024.

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To enable the parties to exchange the photocopies of such jewellery, a week's time is granted.

9.

Stand over to 18th February, 2025. Matter to come up under the caption 'For Circulation'.

[RAJESH S. PATIL, J.]