1appln-3468-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 3468 of 2010 (FOR ANTICIPATORY BAIL) Suryakant Ganpat Adsule and others .. Applicants. versus The State of Maharashtra .. Respondent. Ms Latika Belindge, for the Applicants. Mr K. V. Saste, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 10TH AUGUST, 2010. P.C.:- 1. Heard rival submissions for some time on this anticipatory bail application preferred by the applicants, apprehending their arrest in C.R. No.107/2010 registered with Virar Police Station, District Thane for the offence punishable under Sections 498-A, 406, 506 (II) and 420 of I.P.C. 2appln-3468-10 2. Allegedly, it is a matrimonial dispute between the complainant-first informant-woman and her husband, who is real brother of the present applicants. It is an admitted position that after the marriage the complainant and her husband were also residing separately though staying at Virar. Allegedly, the complainant left her matrimonial house some-where prior to May, 2009, alleging ill- treatment, harassment and also alleging the ground of impotency against her husband. When she left the house, an Advocate's notice was sent to her on behalf of the husband asking her to resume cohabitation with her husband. However, admittedly, since June, 2009 i.e. within about a month from the issuance of such notice, through Advocate, husband of the complainant is missing and she had lodged some complaint with local police station. 3. There were various allegations against the applicants, out of the matrimonial discord between the complainant and her husband. As such, a sort of public notice was issued by the applicants in daily newspaper, "Lakshadweep", published locally at Virar. Said public notice mentioned that the applicants and their mother had nothing to do with the private life of the complainant and her husband. 4. During the arguments, learned A.P.P.for the State produced 3appln-3468-10 the F.I.R. from the police papers. The plain reading of the said F.I.R. mentions only singular sweeping allegation against the present applicants as to they demanded Rs.2 lakh, to be brought, from the parents of the complainant and they asked that flat in the name of her mother to be transferred in their names. Rest other allegations regarding ill-treatment, not giving food etc and impotency are against the husband of the complainant who is apparently missing. 5. Considering the above circumstances, the relief which is prayed in the present matter can be allowed. In the result, the following order:- ORDER: (a) Anticipatory bail application is allowed. (b) In the event of arrest of the applicant Nos. 1 to 4 in C.R. No. 107/2010 with Virar Police Station, District Thane, they shall be released on bail on executing a P.R. bond in the sum of Rs.10,000/- each with one surety in the like amount each. © In the event of arrest and on availing bail, the applicants shall attend concerned police station twice a month on every alternate Sunday between 4appln-3468-10 10-00 a.m., to 12.00 noon till filing of the charge- sheet. (d) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. Application is disposed of in above terms. (A.R.JOSHI,J)