Bombay High Court
Shiv Kumari Shukla vs The State Of Maharashtra And Anr on 5 December, 2018
Author: Prakash D. Naik
Bench: Prakash D. Naik
924 925 & 926-ABA2470TO2472-18.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRI ANTICIPATORY BAIL APPLICATION NO. 2470 OF 2018
Arun Rajdhar Shukla ...Applicant
Versus
The State of Maharashtra & anr. ...Respondents
AND CRI ANTICIPATORY BAIL APPLICATION NO. 2471 OF 2018 Sunita Shukla ...Applicant Versus The State of Maharashtra & anr. ...Respondents AND CRI ANTICIPATORY BAIL APPLICATION NO. 2472 OF 2018 Shiv Kumari Shukla ...Applicant Versus The State of Maharashtra & anr. ...Respondents Mr. Anirban Tripathy, for the applicant. Mr. S. R. Agarkar, APP for the State/Respondent no.1. Ms. Tejashree R. Shinde, PSI, MHB Police Station, present.
CORAM: PRAKASH D. NAIK, J DATED: 5th December, 2018 PC:-
1. These are applications for anticipatory bail in connections with CR No.118 of 2018 registered with MHB Colony Police Station for the offences punishable under Section 498-A, 406, 341, 323, 504, 506 read with Section 34 of Indian Penal Code.
2. The applicant in ABA No.2470 of 2018 is the husband and the applicant in ABA No.2471 of 2018 and ABA No.2472 of 2018 1/3 ::: Uploaded on - 11/12/2018 ::: Downloaded on - 29/12/2018 07:20:30 ::: 924 925 & 926-ABA2470TO2472-18.DOC are sister-in-law and mother-in-law of the complainant respectively. On perusal of the first information report, it is apparent that according to the complainant the ornaments belonging to her were taken by her mother-in-law and sister-in-
law four days after marriage, i.e. in the year 2009 and the same were deposited in the bank locker. Learned APP submitted that Investigation Officer has recorded the statement of the Bank Manager of Punjab National Bank on 4th December, 2018, who has stated that there is joint locker in the name of mother-in-law and sister-in-law of the complainant, which is being operated by them in the said bank. The case of the prosecution had earlier proceeded on the basis that the applicant is operating the bank locker in the same bank at Borivali branch, which was opened by him when he was protected with interim orders on 4 th June, 2018. It was contended by the learned Counsel for the applicant that the said locker which was jointly allotted in the name of the informant and the applicant in ABA No.2470 of 2018 in the year 2015 and therefore in the light of the allegations reflected in the FIR, there is no question of depositing the ornaments in the said locker in the year 2009. In view of the submission advanced by the learned APP applicant ABA No.2471 of 2018 and ABA No.2472 of 2018 are directed to co-operate with the investigation in opening the locker which stands in their name. In the circumstances, interim protection is required to be granted.
3. Hence the following order:
:Order:
(i) Anticipatory Bail Application No.2470 of 2018, Anticipatory Bail Application No.2471 of 2018 2/3 ::: Uploaded on - 11/12/2018 ::: Downloaded on - 29/12/2018 07:20:30 ::: 924 925 & 926-ABA2470TO2472-18.DOC and Anticipatory Bail Application No.2472 of 2018 are allowed.
(ii) In the event of arrest of the applicants, in CR No.118 of 2018 registered with MHB Colony Police Station for the offences punishable under Section 498-A, 406, 341, 323, 504, 506 read with Section 34 of Indian Penal Code, be released on bail on furnishing Personal Bond of Rs.20,000/- each with one or more sureties in the like amount.
(iii) Applicant in ABA No.2471 of 2018 and ABA No.2472 of 2018 are directed to attend the police station on 13th December, 2018 at 11 am. to cooperate in the investigation to opening of the Bank locker which is allotted in their name in Punjab National Bank, branch Borivali.
4. Stand over to 17th December, 2018.
[PRAKASH D. NAIK, J.] 3/3 ::: Uploaded on - 11/12/2018 ::: Downloaded on - 29/12/2018 07:20:30 :::