Azaz Ahmad Shrfuddin And ANR v. State Of Maharashtra And ANR

Chitra Sonawane 19-aba-2815-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.2815 of 2024

1. Azaz Ahmad Sharfuddin Ahmed Shaikh Age: 28 yrs, Occ: business,

2. Mrs Ayushkhatoon Shaikh Age: 60 yrs, Occ: housewife.

3. Abdulla Shaikh Age: 22 yrs, Occ: business

4. Mantasha Shaikh Age 40 yrs, Occ: Housewife All residents of B/104, AL Husaiba Tower, near Rehmaniya Khardi road, Thane-400612.

... Applicants.

Vs.

1. The State of Maharashtra at the instance of Sakinaka Police Station, Mumbai.

2. Mrs Shama Azaz Shaikh Age: 30 yrs, Occ: business R/o Room no.4, New Golden society, Shiv Sagar, Mahatma Phule Nagar, Sakinaka, Andheri (E), Mumbai.

... Respondents.

--- Page No. 1 of 4

Chitra Sonawane 19-aba-2815-24.doc Mr Yashwardhan Tiwari a/w Deepa Pankcker for the applicant.

Mr Arfan Sait, APP for the respondent / State. Mr Rohan Kharat i/by AK Upadhyay for respondent No.2. API Hidurao Choudhary, Sakinaka Police Station. --- Coram : R.N.Laddha, J.

Date : 27 June 2025.

P.C. :

Heard learned Counsel for the parties.

2.

This is an application for grant of anticipatory bail in connection with CR No.544 of 2024, registered at Sakinaka Police Station, Mumbai, for offences punishable under Sections 323, 498-A, 504 and 506 of the Indian Penal Code (IPC).

3.

It is the case of the prosecution that the informant married applicant No.1 on 10 August 2021 and lived with his family in Mumbra, Thane. In July 2023, her husband went abroad for work, after which she faced harassment from her in-laws over trivial household issues. When her husband returned, he continued the harassment. He later called the informant and her parents under the pretext of resolving issues but instead argued and asked them to take Page No. 2 of 4

Chitra Sonawane 19-aba-2815-24.doc her back. Subsequently, applicants No.1 to 3 then left the country without returning her 'Stridhan', prompting the informant to lodge the present FIR.

4.

At the outset, the learned Additional Public Prosecutor representing the respondent/ State, on instructions from the investigating officer present in the Court, submits that the applicants have duly attended the concerned police station and have extended their cooperation during the course of the investigation. He further submits that the investigation in the present matter has been completed, and the charge sheet is in the process of being finalised and will be filed before the competent Court shortly. The prosecution does not seek or require the custody of the applicants at this stage.

5.

Considering the nature of the allegations made against the applicants, the fact that the investigation has already been concluded, and the fact that the prosecution does not require the custody of the applicants, this Court is inclined to allow the present application. Hence, the following order.

Page No. 3 of 4

Chitra Sonawane 19-aba-2815-24.doc

ORDER

(i) In the event of the applicants'

arrest in connection with CR No.544 of 2024, registered at Sakinaka Police Station, Mumbai, they shall be released on bail upon executing a PR Bond of Rs.25,000/- each and furnishing one or more sureties in the like amount.

(ii) The applicants, themselves or through any other person, shall not indulge in any activity that may tamper with the evidence or influence witnesses.

6.

The application stands disposed of accordingly. [R. N. Laddha, J.] Page No. 4 of 4