1 ABA 523.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 523 OF 2011 Mr. Jamil Mohammed Shaikh & Ors. ... Applicants. V/s. The State of Maharashtra. ... Respondent. Mr. V.V. Purwant for the Applicant. Mr. K.V. Saste, APP for the State. Mr. M.I. Shaikh, Police Constable, Mira Road Police Station. CORAM : A.M. THIPSAY, J. DATED : 17th JUNE 2011. P.C. :- Heard. 2. Mr. Purwant, learned Advocate for the Applicant undertakes to withdraw the application for anticipatory bail that is pending before the trial Court. 3. The Applicants are sought to be arrested in C.R. No. 252/11, registered at Mira Road Police Station, which is in respect of offences punishable under Section 498A of I.P.C., 406 of I.P.C. r/w. 34 of I.P.C. 4. The said crime has been registered on the basis of a report lodged by Smt. Shehnaz Jamil Shaikh, who is the wife of 2 ABA 523.11.sxw the Applicant No.1. The Applicant Nos.2 and 3 are the married sisters of the Applicant No.1. 5. I have gone through the FIR, copy of which is annexed to the bail application. The first informant married the Applicant on 6.6.2002. It was the second marriage of the Applicant as well as of the first informant. It is also seen that since February 2010, the first informant was staying separately. The allegation in that regard is that in the month of February 2010, she was driven out of the matrimonial house by stating that she should bring Rs.10,00,000/- from her mother and that she would not be allowed to be in the matrimonial house, till she would bring that amount. The First Information Report came to be lodged on 25.5.2011. 6. Apart from the allegations of cruelty, it is alleged that the gold and silver ornaments belonging to the first informant, which are her streedhan property, are not being returned by the Applicants. 7. Mr. Purwant, learned Advocate for the Applicants submits that the Applicants do not have any gold and silver ornaments belonging to the first informant and that the statement to that effect in the FIR, is false. He, however, submits that inspite of this, just to avoid this ground to be taken only for opposing the anticipatory bail application, the Applicant No.1 is ready and willing to deposit an amount of Rs.2,00,000/-, with the investigating agency, within a period of one week from today, 3 ABA 523.11.sxw which may be taken charge of by the Investigating Agency, as the value of the gold and silver ornaments referred to in the FIR. 8. In view of this statement, and considering all the relevant aspects of the matter, I think it proper to grant anticipatory bail to the Applicants. 9. In the event of their arrest, the Applicant Nos.2 and 3 be released on bail in the sum of Rs.15,000/- each, with one surety, in like amount, on the condition to attend the concerned Police Station and make themselves available for investigation/interrogation, as and when required by the Investigating Officer. 10. In the event of his arrest, the Applicant No.1 be released on bail in the sum of Rs.15,000/- with one surety, in like amount, on the following conditions :- (i) The Applicant shall deposit an amount of Rs. 2,00,000/- with the Investigating Agency, within a period of one week from today, towards the value of the gold and silver ornaments referred to in the FIR. It is clarified that such deposit shall be without prejudice to the contentions of the Applicant No.1 to the effect that he or the other Applicants do not have any such ornaments belonging to the First Informant; 4 ABA 523.11.sxw (ii) The Applicant No.1 shall attend the concerned Police Station, every day between 6.00 p.m. to 8.00 p.m. for a period of one week and make himself available for investigation/interrogation. The Applicant No.1, even thereafter, attend the Police Station, as and when required by the Investigating Officer. 11. The amount, deposited by the Applicant No.1, shall be dealt with, according to the directions, to be given by the learned Magistrate. (A.M. THIPSAY,J.)