1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1872 OF 2010 Shri. Shishir Krishna Shirke and ors. ..Applicants. Vs. The State of Maharashtra and anr. ..Respondents. Mr.S.G.Deshmukh i/by Ms. Latika Belidage for the Applicants. Mr.A.S.Gadkari, APP. For the State. Mrs. Smita Deshpande, for the Respondent No.2. CORAM : R.S. MOHITE, J. DATE : 3/5/2010 PC : 1 Heard all parties. 2 This is an application for anticipatory bail. The applicants are shown as an accused in C.R.No.54/2010 registered by Rabodi Police Station for the alleged offences punishable under sections 498A, 406, 323, 504, 506 read with 34 of the I.P.C. The applicant No.1 is the husband of Richa. The other applicants are relatives of the applicant No. 1. Now it is seen that in pursuance of my order 2 dated 20.4.2010 the value of the sridhan amounting to Rs.1,53,000/- has been deposited with the I.O. The learned APP confirms this fact. As far as other allegations are concerned, in my view wife and her relatives are witnesses. The investigation can proceeed without the custodial interrogation of the present applicants. It is therefore, directed that in the event of their arrest in pursuance of C.R.No.54/10 registered by Rabodi Police Station, the applicants may be released on bail in the sum of Rs.5000/- each with one surety each in the like amount subject to the condition that they will report to the I.O. as and when called by the I.O., in writing and on further condition that they will attend all the dates of the trial unless exempted. 3 Advocate for the complainant states that some personal articles are still lying in the house of the husband. It is made clear that notwithstanding the deposit of Rs.1,53,000/-, the I.O. will take charge of the ornaments. The 3 Advocate for the applicants states that ornaments are lying in the custody of the applicant No.1 and he will handover the ornaments to the I.O. along with personal articles. On all the ornaments and personal effects being seized by the police, the applicant No.1 will be at liberty to ask for return of the pay order of Rs.1,53,000/-. In so far as the ornaments and personal effects are concerned, the complainant may file application for their return to the Magistrate. Application is disposed off. Any balance amount which remains in the custody of the applicant that will subject to order under Section 452 of the Cr.P.C. It is made clear that if all the ornaments and articles as mentioned in the complaint are returned then I.O. will deposit the pay order with the Magistrate without encashing the same. The pay order not to be encashed for two weeks from today. 2 Parties to act on a copy of this order duly authenticated by the registry of this court. 4 ( R.S. MOHITE, J.)