IN THE COURT OF SESSIONS, AT DINDOSHI (BORIVALI DIVISION), GOREGAON, MUMBAI ANTICIPATORY BAIL APPLICATION NO.1989 OF 2022 IN C.R. NO.833/2022 (POLICE STATION, BANGUR NAGAR)
1.Afzal Dawood Khan )
Age 75 years, Occ: Retired )
2.Smt. Sayeeda Afzal Khan )
Age 70 years, Occ: Housewife )
Both are residing at 401/9/C, Nisarg CHS )
Ltd., New Mhada Complex, Goregaon East, )
Mumbai 400063.)
3.Mrs. Kudsiya Sajid Shaikh)
Age 44 years, Occ: Teacher)
Residing at 311, Sai Siddhi Apartment,)
Riddhi Garden, Goregaon East,)
Mumbai – 400 063.) ..Applicant(s)
Versus
The State of Maharashtra )
(at the instance of Senior Inspector of Police, )
Bangur Nagar Police Station, Goregaon West, ) Mumbai. ..Respondent
Adv. Mr. B.L. Jagtap for the applicants.
APP Mr. Shailesh Pachapohar for the State.
Adv. Mr. J.P. Jaiswal for the intervener/informant.
Informant present.
Coram : His Honour Addl. Sessions Judge, Ashish Ayachit (C.R.No.8) Date : 20th December, 2022.
ORDER
This is anticipatory bail application filed by accused Nos.2,3 and 4 who are parentsinlaw and sisterinlaw of the informant in Crime No.833/2022 registered with Bangur Nagar Police Station for the offence punishable under Sections 498(A), 377, 323, 504 and 506 r/w Section 34of I.P.C.
2.Perused the application and say of Investigation Officer.
3.Heard Adv. Mr. B.L. Jagtap for the applicants, APP Mr. Shailesh Pachaphar for the prosecution and Adv. Mr. J.P. Jaiswal for the intervener/informant.
4.This court has granted adinterim protection to the applicant by order dated 15.12.2022 and issued notice to the informant.Today, informant appeared through Adv. Mr. J.P. Jaiswal. He filed written objection, which is taken on record.
5.I have heard Adv. Mr. Jagtap for the applicants,APP Mr.Shailesh Pachapohar for the State and Adv. MR J.P. Jaiswal for the intervenor.
6.I have suggested the parties for mediation but as the offence under section 377 of I.P.C. is registered against applicant No.1, who is arrested by the police, there is no possibility of mediation. Hence, the matter has been taken for final decision.
7.I have carefully gone through the FIR and the report lodged. Considering the nature of offence and the fact that domestic dispute between the husband and wife is going onand keeeping in mind the law laid down by the Hon’ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar & Anr. (2014) 8 SCC 273, I am of the considered opinion that it is necessary to grant anticipatory bail to the applicants in the event of their arrest. I, therefore, pass the following order:
ORDER
1.Anticipatory Bail Application No.1989/2022 is allowed.
2.Applicant No.1Afzal Dawood Khan, applicant No.2Sayeeda Afzal Khan and applicant No.3Mrs. Kudsiya Sajid Shaikh be released on anticipatory bail on executing personal bond in the sum of Rs. 15,000/ (Fifteen Thousand Rupees Only) each with one or two sureties in the like amount, in the event of their arrest in Crime No.833/2022 registered with Bangur Nagar Police Station, for the offence punishable under Section 498(A), 377, 323, 504
and 506 r/w Section 34of I.P.C., on the following conditions:
(i)They shall attend police station for investigation, whenever called by the Investigation Officer by issuing written notice.
(ii) They shall not tamper the prosecution evidence.
(iii) They shall not visit the informant or use any type of practise to pressurise her.
(iv) The Investigation Officer is directed to acknowledge presence of the applicant.
3.Inform the concerned Police Station, accordingly.
4.Anticipatory Bail Application No.1989/2022 stands disposed off, accordingly.
Digitally signed by ASHISH ARVIND AYACHIT Date: 2022.12.22 17:53:10 +0530 Date: 20.12.2022 (Ashish Ayachit)
Additional Sessions Judge, City Civil & Sessions Court, Borivali Division, Dindoshi Dictated by HHJ on
: 20.12.2022 Transcribed on : 20.12.2022 Signed by HHJ on : 22.12.2022 ABA1989/22 4 Order
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” UPLOAD DATE ATUL SURYAKANT BHOGTE AND TIME : 22.12.2022 5.40 P.M. NAME OF STENOGRAPHER Name of the Judge (with Court Room No.) HHJ Shri Ashish Ayachit (Court Room No.8) Date of Pronouncement of Judgment/Order 20.12.2022 Judgment/Order signed by P.O. on 22.12.2022 Judgment/Order uploaded on 22.12.2022