1 ABA.207-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.207 OF 2011 Sachin Balkrishna Pawar. .. Applicant. Versus State of Maharashtra .. Respondent. .... Mr.R.D. Suryawanshi, Advocate for the Applicant. Mrs.P.P. Bhosale, A.P.P. for the State. .... CORAM : A. R. JOSHI, J. DATED : 28th MARCH, 2011. P. C. : 1. Heard rival submissions for sometime on this application for anticipatory bail preferred by the applicant/husband apprehending his arrest in the matter of C.R. No.I-120 of 2011 registered with Mahatma Phule Chowk Police Station, Kalyan, District - Thane for the offences punishable under Sections 498-A, 406, 323, 504, 506 read with Section 34 of Indian Penal Code. 2. The allegations of ill-treatment and harassment are alleged against the present applicant/husband and also other co-accused i.e. mother-in-law and sister of the present applicant and husband of said sister. Apparently, sister of the present applicant and her 2 ABA.207-11 husband were staying separately at Nashik; while the complainant/ wife was staying in the matrimonial house at Kalyan along with present applicant/husband and co-accused mother-in-law. Prior to lodging the complaint dated 22.2.2011 there was earlier correspondence and lodging of various NC complaints between the parties. Apparently, present applicant had earlier given a Advocate notice to the complainant/wife asking her to come back to her matrimonial house and cohabit. However, apprehending assault and ill-treatment, the complainant/wife had not acceded to the request and as such litigation continued. Strained relations happened only within two years or so of the marriage and in between one male child was born in August, 2009. 3. In the First Information Report, the main allegation is that of compelling the complainant to bring Rs.35 lacs from her parents for purchase of new residential accommodation. However, in the earlier correspondence or even in the earlier written letter sent to woman Police Inspector, Nashik dated 16.11.2010 there are no specific allegations regarding demand of Rs.35 lacs. Said amount of Rs.35 lacs is not such a innocuous amount so as to be forgotten by 3 ABA.207-11 the applicant to make mention in any of the complaints. In fact, it attracts much gravity to the allegations. Such allegation of demand of Rs.35 lacs is made only by end of February, 2011 while the complaint was lodged with Nashik Police which was subsequently transferred to Kalyan police, when the complainant along with her small child left the matrimonial house from Kalyan and started residing with her parents at Nashik. 4. Reportedly, other co-accused were already granted anticipatory bail by the learned Sessions Court at Kalyan and it was granted on 14th March, 2011. However, the application of the present applicant was rejected. 5. Considering the the rival submissions and considering the allegations against each other, in the opinion of this Court, the discretionary relief of pre-arrest can be granted in favour of the applicant. Hence the order :- :: O R D E R :: [i] Criminal Application No.207 of 2011 for anticipatory bail is allowed and accordingly disposed of. 4 ABA.207-11 [ii] In the event of arrest of the Applicant – Sachin Balkrishna Pawar in C.R. No.I-120 of 2011 registered with Mahatma Phule Chowk Police Station, Kalyan, District – Thane, he shall be released on bail on his executing P.R. bond in the sum of Rs.15,000/- (Rs.Fifteen Thousand Only), with one surety in the like amount. [iii] In the event of arrest and availing the bail, as above, the Applicant shall attend the concerned Police Station on every Sunday between 10:00 a.m. to 12:00 noon, till filing of the chargesheet. (A. R. JOSHI, J.) PPD