1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 5488 of 2009 Ajaysingh Motisingh Singar v. State of Maharashtra and anr Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr U.P. Warujnjikar, for the Applicant. Mr R. N.Gite for Respondent No.2 – original complainant. Mr P.S. Hingorani, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 9TH JUNE, 2010. P.C.:- 1. Heard rival arguments at length on the present anticipatory bail application preferred by the applicant – husband, apprehending his arrest in C.R. No. 452/2009 registered with Panvel City Police Station for the offences punishable under Sections 498-A, 406, 323, 504 read with section 34 of I.P.C. 2. Allegations against the applicant-husband are that since 2002 till November, 2009 applicant ill-treated and harassed the complainant, his wife at Pusad, District Yavatmal and also at Panvel, District Raigadh when she was residing in her matrimonial home along with her in-laws, the applicant - her husband and their two small children. Reportedly, except the criminal complaint 2 lodged with Panvel Police Station of November, 2009 there is no earlier criminal complaint or any criminal proceeding initiated by the complainant against her in- laws and her husband – present applicant. The allegations of ill-treatment, harassment and demand of dowry are since 2002 to November, 2009. In fact, the allegation against the applicant is that some-where in October, 2007 he had taken away complainant’s Stridhan/gold and diamond jewelery worth Rs.2,53,000/- by opening the joint account locker with State Bank of India, Devlali Camp Branch, District Nashik (the “Bank” for short). This happened allegedly during October, 2007. The dates are much significant in the present matter. 3. Reportedly, at present both the children are of 6 years and 3 years age, one male and female, are in the custody of the wife – complainant. It appears that though there are no matrimonial disputes pending before the Family Court or any other appropriate Court, there happened to be some application under section 97 of Cr.P.C., preferred by the complainant presumably for the custody of the children. Some orders were passed in the said application by the Judicial Magistrate, First Class, Nashik Road,Nashik and ultimately the matter reached upto the Apex Court and present situation is as mentioned above as to custody of both the children with the wife. After perusal of earlier orders passed by this Court in the present anticipatory bail application, it appears that there was some dispute regarding the quantum of jewelery in the joint account – locker of the Bank and certain directions were given. It also appears that there are certain orders passed by this Court directing giving of the custody of the children to the wife. However, suffice it to say that the present position is, as above mentioned, regarding custody of both the children is with the wife, and except criminal complaint in which the present 3 anticipatory bail application is preferred, there are no other litigations between the parties. 4. Considering the allegations of ill-treatment and harassment meted out to the wife since the year 2002 to November, 2009 and considering other allegations as to operation of the joint account/locker, in the opinion of this Court, in the present matter of grant or otherwise of the anticipatory bail to the present applicant husband, on certain conditions as to attendance to the concerned Police Station, the said application can be allowed. Needless to mention that so far as anything contained in the joint account/locker of Bank, the appropriate action can be taken by the I.O.as the matter is still under investigation and it is not necessary for this Court to monitor the said proceeding when dealing with the anticipatory bail application. With these observations, present application is disposed of by the following order. ORDER: (a) Criminal Application No.5488/2009 is allowed. (b) In the event of arrest of the applicant – Ajaysing Motising Singar, in C.R. No.452/2009 he shall be released on bail on executing a P.R.bond in the sum of Rs.15,000/-with one surety in the like amount. (c) In the event of such arrest and availing of bail, the applicant shall attend Panvel City Police Station, once in a week on every Wednesday between 10.00 a.m. to 12.00 noon for the period of two months from availing of the bail. (d) The Trial Court which would deal with the matter in the 4 event of filing of the charge sheet by the police, shall not be influenced by any of the observations made in this order. (e) Reportedly, the demand draft for Rs.2,53,000/-is in the custody of the Investigating Officer which has been given by the applicant to the I.O. under the directions of this Court dated 20.4.2010 shall be returned back to the applicant. However, needless to mention that this Court has not expressed any opinion as to the liability or otherwise of the applicant to pay any legal dues to his wife and that aspect is open for both the parties to be re-agitated before appropriate forums. (f) In view of this final order, all interim orders passed earlier shall come to an end. (A.R.JOSHI,J)