1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.404 OF 2009 CRIMINAL APPLICATION NO.404 OF 2009 CRIMINAL APPLICATION NO.404 OF 2009 1. Himanshu Shrinivas Mhatre,, 2. Smt.Swati Shrinivas Mhatre, 3. Purva Shrinivas Mhatre, .. Applicants Vs State of Maharashtra .. Respondent. Mr A.M.Saraogi, for the applicants. Mr J.P.Yagnik, APP, for the respondent. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 04.05.2009. DATED : 04.05.2009. DATED : 04.05.2009. P.C.: 1 Heard learned counsel for the applicants and learned A.P.P for the State. 2. The applicants are seeking anticipatory bail in C.R (FIR) No.333 of 2008 of M.H.B.Police Station, Borivali. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 498-A, 406 r/w 34 of IPC. 3. It is the prosecution case that all the applicants subjected the complainant to harassment with a view to coercing her and her parents to meet their unlawful demand of monies. The complainant and 2 2 2 applicant no.1 got married on 6.5.2007, and they seem to have stayed together till 16.10.2008. During this period, it is alleged, all the three applicants treated the complainant with cruelty, which forced her to leave the matrimonial home and her stridhan. The stridhan left with the applicants, according to the complainant, is worth rupees 1.5 lacs. Mr Saraogi, learned counsel for the applicant, submits that without prejudice to the rights and contentions of the applicants and without admitting that the complainant left her jewellery with the applicants, the applicants, in order to show their bonafides, are prepared to deposit 1.5 lacs of rupees with the Investigating Officer. Keeping that in view and considering the nature of allegations including the delay in lodging the FIR, I am inclined to grant this application for anticipatory bail. Hence, I pass the following order. (i). The applicants shall deposit Rs.1.5 lacs (Rupees one lac fifty thousand only) by DD/Cheque with the Investigating Officer within a period of six weeks from today. The Investigating Officer shall deposit the said amount either in the account, if any, maintained by the police station, or shall open a 3 3 3 separate account and deposit the said amount in that account. The trial Court shall pass appropriate orders in respect of the amount deposited by the applicants while disposing of the trial. (ii) In the event of arrest, applicants no.1- Himanshu, no.2-Smt.Swati Shrinivas Mhatre and no.3- Purva Shrinivas Mhatre be released on bail in the sum of Rs.5000/- each with one or two sureties to make up the said amount subject to the conditions stipulated in sub-section (2) of Section 438 of Cr.P.C. Further, applicant nos.1 to 3 are directed to report to the concerned police station every Saturday between 10 am and 12 noon for a period of one month and thereafter as and when called. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. . The application is disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)