IN THE COURT OF SESSIONS AT GREATER BOMBAY ANTICIPATORY BAIL APPLICATION NO. 2787 OF 2022
(CNR NO. MHCC02­017064­2022)

1. Anil Ramniwas Singhal )
2.Sunil Ramniwas Singhal )
3.Madhuri Anil Singhal )
4.Radha Sunil Singhal )
5.Ashish Manoj Singhal ) … Applicants

Versus

The State of Maharashtra ) (Through Mulund Police Station ) … Respondent

Ld. Adv. Trupti Bharadi for the Applicants.

Ld. APP. Geeta Sharma for State / Respondent.

CORAM : HER HONOUR THE ADDITIONAL SESSIONS JUDGE SMT. A. B. SHARMA (C.R. NO. 39) DATED : 30.01.2023.

ORDER

The Applicants have moved this application under Section 438 of Criminal Procedure Code for grant of pre­arrest bail in Crime No. 385 of 2022 for the offences punishable under Sections 498(A), 323, 504, 506, 506 (II) r/w Section 34 of the Indian Penal Code (for short ‘the Code’) registered at Mulund Police Station, Mumbai.

2.Read application and Say (Exh. 2) of investigating officer filed through learned Additional Public Prosecutor. Perused the case diary and documents annexed with the application.

3.Heard Learned Advocate for the applicants and learned Additional Public Prosecutor.

4.The applicant No. 1 and 2 are brothers­in­law of the informant. The applicant No. 3 is wife of the applicant No. 1 and the applicant No. 4 is wife of the applicant No. 2. The applicant No. 5 is nephew of husband of informant. After marriage, the informant and her husband shifted to Omaha, USA. It is alleged that her husband harassed her mentally and physically without any reason. After three months, her husband got new job at New York and they went to New Jersy, USA. It is alleged that since 10.12.2006 till lodging of FIR, the husband of the informant, her mother­in­law, father­in­law, the applicants and other relatives have demanded money on several occasions. When the informant has failed to fulfill their illegal demands, they abused, harassed her mentally and physically and also threatened her. Therefore, she lodged report against the applicants.

5.It is seen that, the offence is arising out of the matrimonial dispute. It is further seen that, the informant has filed proceedings under DV Act against her husband in the year 2021. It is further seen that other matrimonial disputes are going on between the parties. The material investigation seems to be completed in respect of the applicants. The applicants have already joined the investigation. The offence is not punishable with death or imprisonment for life. The applicants have received Notice under Section 41­A of the Code of Criminal Procedure, therefore, they have reasonable apprehension of their arrest at the hands of police. Looking to the nature of the offence, I do not find that, the custodial interrogation of the applicants is required. Considering the facts and circumstances of the case, I am of the view that, the applicants are entitled to get confirmed the ad­interim protection granted to them subject to certain conditions. Hence, I proceed to pass following order :­

OPERATIVE ORDER

1.The Anticipatory Bail Application No. 2787 of 2022 is hereby allowed.

2.The ad­interim protection already granted to the applicants on 23/12/2022 is hereby made absolute on the following modified conditions :­

a.The applicants shall not leave India without prior permission of the Court.

b.The applicants shall submit the proof of their residential address, phone number, Aadhar Card and Election Card, if any.

c.The applicants are directed to co­operate during course of investigation within 3 days from the date of this order and also to attend the police station as and when called by the Investigating Officer.

d.The applicants are further directed not to tamper with the prosecution witnesses in any manner.

3.The Anticipatory Bail Application stands disposed off.

Digitally signed Anita by Anita Bajranglal Bajranglal Sharma Sharma Date: 2023.02.23 18:20:05 +0530 (A. B. SHARMA) Additional Sessions Judge City Civil & Sessions Court Date :­ 30.01.2023. Greater Bombay. Dictation Typed on : 30.01.2023. Checked & Signed on : 23.02.2023. ABA 2787­2022 : 5 : CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” 23.02.2023 at 6.20 pm (Y.M. SAKHARKAR) UPLOAD DATE AND TIME NAME OF STENOGRAPHER Name of the Judge (With Court SMT. A. B. SHARMA room no.) (C.R. NO. 39) Date of Pronouncement of 30.01.2023 JUDGMENT/ ORDER JUDGMENT/ORDER signed by P.O. 23.02.2023 on JUDGMENT/ORDER uploaded on 23.02.2023

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