Arif Abdul Rashid Shaikh And ANR v. State Of Maharashtra
Digitally signed by CHITRA SANJAY SONAWANE Date:
2024.12.20 14:58:51 +0530 CHITRA SANJAY SONAWANE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No. 2978 of 2024
1. Arif Abdul Rashid Shaikh Age 32 years, Occ. Job, Green House, Santoshi Mandir Road, Shivaji Nagar, 2nd Rabodi, Thane West, Maharashtra - 400 601.
2. Abdul Rashid Shaikh Age 65 years, Occ. Retired, House No.7, Albadar AP, 3rd Floor, Dr. Ansari Road, Near Noor Masjid Rabodi No.2, Thane - 400 601.
... Applicants versus
1. The State of Maharashtra (Instance of Rabodi Police Station)
2. Hina Arif Shaikh R. No.409, Sadbhavna Co-Op. Society, Building No.2, Nityanand Nagar, Rabodi, Thane.
... Respondents ---- Mr Arif Siddiqui a/w Ms Farheen Shaikh, Mr Noman Khan and Mr Siraj Ansari, for the applicants.
Ms Supriya Kak, APP, for the respondent/ State. Mr Bablu J Shaikh, for respondent No.2.
----
Coram: R.N. Laddha, J.
Date: 19 December 2024 P.C.:
By this application, the applicant seeks pre-arrest bail in connection with CR No.812 of 2024, registered at Rabodi Police Station, Thane City, for offences punishable under Sections 85, 352, 351(3), 351(2), 316(2) and 115(2) of the Bharatiya Nyaya Sanhita, 2023.
2.
Mr Arif Siddiqui, the learned Counsel appearing on behalf of the applicants, submits that the applicants have paid Rs.5 lakhs to respondent No.2. Mr Siddiqui, the learned Counsel for the applicants, along with Mr Bablu Shaikh, the learned Counsel representing respondent No.2/ the informant, jointly submit that the applicant and the informant have resolved their dispute amicably. Mr Bablu Shaikh, the learned Counsel representing respondent No.2/ the informant, submits that the informant has no grievance against the applicant and consents to granting him pre-arrest bail. To this effect, the learned Counsel for the parties tender consent terms dated 19 December 2024 signed by the contesting parties. The same is taken on record and marked 'X' for identification. 3.
Upon perusing the records, the genesis of the offence
appears to be matrimonial. The parties have now arrived at a settlement regarding their dispute and the informant consents to grant anticipatory bail to the applicant. The informant, who has been identified by her Counsel, expresses no objection and consents for pre-arrest bail of the applicants. She reiterates the contents of the consent terms. The parties are present before the Court and are identified by their respective Counsel. Given the above, the application is allowed in the following terms: (i) In the event of the applicants' arrest in connection with CR No.812 of 2024, registered at Rabodi Police Station, Thane City, they shall be released on bail on executing a PR Bond of Rs.25,000/- each and furnishing one or more sureties in the like amount.
(ii) The applicants shall attend the concerned Police Station as and when required.
(iii) The applicants shall not tamper with the evidence or influence witnesses.
4.
The application stands disposed of accordingly. (R.N. Laddha, J.)