Supreme Court - Daily Orders
Md.Wasim Ashraf vs State Of Bihar on 8 January, 2015
Bench: T.S. Thakur, Adarsh Kumar Goel
1
ITEM NO.38 COURT NO.2 SECTION IIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 10330/2013
(Arising out of impugned final judgment and order dated 30/09/2013
in CRM No. 28419/2013 passed by the High Court Of Patna)
MD.WASIM ASHRAF Petitioner(s)
VERSUS
STATE OF BIHAR Respondent(s)
(with appln. (s) for stay of arrest and office report)
Date : 08/01/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE T.S. THAKUR
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
For Petitioner(s) Mr. Amit Pawan,Adv.
Mr. Abhishek, Adv.
Mr. Shailendra Kumar, Adv.
Mr. Suryodaya P.Tiwari, Adv.
For Respondent(s) Mr.Rupender Singh, Adv.
Mr. Samir Ali Khan,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is disposed of in terms of the signed order.
Signature Not Verified Digitally signed by Shashi Sareen Date: 2015.01.12 11:13:29 ALMT Reason: (Shashi Sareen) (Veena Khera) Court Master Court Master
( Signed Order is placed on the file.) 2 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 30 OF 2015 (Arising out of SLP(Crl.) No. 10330 of 2013) MD. WASIM ASHRAD .. Appellant(s) .
Versus STATE OF BIHAR .. Respondent(s) .
O R D E R Leave granted.
The High Court has by the order impugned in this appeal declined anticipatory bail to the appellant in connection with FIR No. 85 of 2012 registered against him for offences punishable under Sections 341, 342 and 498 and 34, Indian Penal Code in Police Station Darbhanga (Sadar) Bihar.
When the matter came up before us initially on 17.12.2013 we had granted bail to the appellant against arrest subject to the condition that the appellant-husband will continue to pay/deposit with the Principal Judge, Family Court, Darbanga which is seized of a case for restitution of conjugal rights, 3 maintenance @ Rs. 2500/- p.m.. We are told by learned counsel for the appellant that the said condition is being strictly complied with by his client. In the circumstances and keeping in view the nature of offence we are inclined to make order dated 17.12.2013 absolute. Needless to say that in case the appellant commits any breach of the condition regarding payment/deposit of the maintenance amount payable to the wife, the jurisdictional court shall be free to direct cancellation of bail and apprehension of the appellant. We make it clear that the order regarding payment of maintenance shall remain subject to the outcome of any other proceeding before the competent court regarding the amount of maintenance payable to the wife. The order passed by this Court shall to that extent be treated as only provisional in law.
The appeal is disposed of with the above observations.
......................J. (T.S.THAKUR) ......................J. ( ADARSH KUMAR GOEL) New Delhi, January 08, 2015.