* 1 * ABA.225.2011 6.7.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 225 OF 2011 Mrs. Shama Sofiyan Khan ...Applicant V/S. The State of Maharashtra & Ors. ...Respondents * * * * Mr. R.S. Singh, Advocate for the applicant. Mrs. A.A. Mane, APP for State-respondents no.1 and 2. Mr. R.V. Gupta, Advocate for respondents no.3 to 6. CORAM :- Smt. R.P. SondurBaldota, J. 6th July, 2011. P.C. :- 1. This application is filed by the original complainant for cancellation of anticipatory bail granted to respondents no.3 and 4 by this Court and respondents no.5 and 6 by the Sessions Court. Respondent no.3 is the brother-in-law of the husband of the applicant i.e. his sister’s husband. Respondent no.4 is the brother of the husband. Respondent no.5 is the sister of the husband and respondent no.6 is his sister-in-law i.e. his brother’s wife. 2. On 25th November, 2011 the applicant filed criminal complaint * 2 * ABA.225.2011 6.7.2011 bearing No. 579/SW/2010 against her husband Mr. Sofiyan Khan and respondents no.3 to 6 for the offences punishable under Sections 323, 504, 498-A, 406 read with Section 34 Indian Penal Code in the Court of Metropolitan Magistrate, 26th Court, Borivali, Mumbai. By the order dated 16th December, 2010 the learned Magistrate sent the complaint for investigation under Section 156(3) Criminal Procedure Code. Accused no.1 is the resident of Dubai. Respondents no.3 to 6 filed joint application for anticipatory bail before the Sessions Court. The application was disposed off by the order dated 14th January, 2011 by granting bail to respondents no.5 and 6 and refusing bail to respondents no.3 and 4. Thereafter, respondents no.3 and 4 filed an application in this Court for anticipatory bail being Criminal Application No. 73 of 2011. The application was allowed by this Court on 15th February, 2011. The applicant seeks cancellation of the bail granted to respondents no.3 and 4 on the ground that the order was passed on the basis of a misleading statement by the Police Sub- Inspector Girkar that the entire dowry articles have been recovered. On the statement made, this Court observed that custody of the applicants for the purpose of investigation, may not be necessary. The learned counsel states that some of the articles of dowry are yet to be recovered, therefore, the anticipatory bail granted to respondents no.3 and 4 on * 3 * ABA.225.2011 6.7.2011 the basis of the misleading statement cannot be continued and seeks cancellation of the same. Application for cancellation of bail on such ground before the same Court, is not maintainable. It would amount to review of the order. There is no other ground alleged for cancellation of bail. Hence, the application against respondents no.3 and 4 is liable to be dismissed. 3. As regards the challenge to the order of anticipatory bail in favour of respondents no.5 and 6, there are no allegations of either abuse of the liberty granted or breach of any terms and conditions. The challenge is based on merits. Perusal of the FIR, a copy of which is annexed to the present proceedings, shows that the only allegation made in the complaint against respondents no.5 and 6 is that they used to quarrel with the applicant on any pretext. Considering the nature of allegations made in the complaint, it more than clear that custodial interrogation of these two accused is not at all required. The learned counsel for the applicant, submits that, some of the dowry items being gold ornaments are yet to be recovered and therefore for that purpose, custodial interrogation of respondents no.5 and 6 would be needed. There can be no substance in the argument since it had not been alleged anywhere that the gold ornaments are in the custody of any of these respondents. I have gone through the order of the Sessions * 4 * ABA.225.2011 6.7.2011 Court granting anticipatory bail to respondents no.5 and 6 and I am satisfied that the same does not require any interference by this Court. Hence, the application is dismissed. [SMT. R.P. SONDURBALDOTA, J]