Salman Mohammad Umar Kazi v. The State Of Maharashtra

26_ABA_1840_24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1840 OF 2024 Salman Mohammad Umar Kazi ...

Applicant vs.

The State of Maharashtra ...

Respondent Mr. Gautam Kanchanpurkar for applicant.

Mr. Mayur S. Sonavane, APP for respondent-State. Ms. Pratiksha Shendage, API, Faraskhana Police Station, District Pune City. CORAM : MANISH PITALE, J.

DATE :

23rd SEPTEMBER, 2024 P.C. :

.

On 06.08.2024, this Court granted interim relief in favour of the applicant and in paragraph No.5 of the said order, detailed reasons were recorded.

2.

In the present case, the applicant is facing investigation for offences under Sections 323, 504, 506, 377 and 498A read with Section 34 of the Indian Penal Code, 1860.

3.

The learned APP, on instructions, makes a statement that the applicant has indeed co-operated with the investigation in terms of the conditions imposed while interim relief was granted in his favour. 4.

In the order dated 06.08.2024, this Court had recorded the following reasons, while granting interim relief to the applicant: Digitally signed by PRIYA KAMBLI Date:

2024.09.24 10:29:55 +0530 1/2 PRIYA KAMBLI

26_ABA_1840_24.doc "5.

Having considered the rival submissions in the light of the statement of the informant, leading to registration of FIR, this Court is of the opinion that a case for granting interim relief is made out by the applicant for the following reasons:

(a) Prima facie, the FIR appears to be registered belatedly as the informant left the matrimonial home on 01.02.2024, having stayed there for only about three months, while the FIR was registered after more than four months i.e. on 06.06.2024. (b) The material on record shows a prima facie case of matrimonial dispute between applicant and informant, giving rise to registration of FIR.

(c) Although serious allegations have been made against applicant, the statement of informant does not give details of the date and time or chronology of events leading to registration of FIR." 5.

Considering the aforesaid reasons and conduct of the applicant in cooperating with the investigation, interim relief is confirmed and the application is allowed.

6.

The applicant shall continue to co-operate with the investigation. The application stands disposed of.

(MANISH PITALE, J) Priya Kambli 2/2