Salman Alauddin Patel and Another Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

Salman Alauddin Patel and Another Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection (anticipatory bail) confirmed for the applicants in both Anticipatory Bail Applications Nos. 436 and 875 of 2024, on conditions: (i) attend the police station as and when required by the Investigating Officer; (ii) not tamper with prosecution evidence nor influence the informant, witnesses or other concerned persons; (iii) cooperate with the investigation and proceedings before the trial Court; violation of any condition makes the protection liable to be cancelled.

Issue for consideration

Whether the applicants, apprehending arrest in Crime No.0850/2023 (MIDC Latur Police Station) for offences punishable under Sections 306, 498-A, 504, 506, 34 IPC, are entitled to anticipatory bail / confirmation of the interim protection already granted.

Court's answer

The interim protection granted by orders dated 19.03.2024 and 28.05.2024 stands confirmed, subject to conditions: (i) attendance at the police station as and when required by the Investigating Officer; (ii) no tampering with prosecution evidence and no influencing of the informant or witnesses; (iii) cooperation with the investigation and trial proceedings; breach renders the protection liable to cancellation.

Ratio / Principle

Basis for confirmation: the allegations primarily are against the husband of the deceased, while the applicants are the in-laws of the deceased.

Key takeaways

The observations made in the order are limited to the disposal of the present anticipatory bail application, and the trial Court shall proceed without being influenced by them.obiter¶7

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), Arun R. Pedneker, J.: Disposed of two anticipatory bail applications (Nos. 436 and 875 of 2024) filed by four applicants apprehending arrest in Crime No.0850/2023, dated 24.11.2023, of MIDC Latur Police Station, District Latur, for offences punishable under Sections 306, 498-A, 504, 506 and 34 IPC, arising out of the death of a married woman with allegations of harassment on account of a demand of Rs.5,00,000/- for purchase of a four-wheeler. Confirming the interim protection earlier granted by orders dated 19.03.2024 and 28.05.2024, the Court noted that the allegations primarily are against the husband of the deceased (who, along with the brother-in-law, was arrested and granted bail on 12.02.2024) while the applicants are the in-laws of the deceased. Protection was confirmed subject to conditions of attendance at the police station when required by the Investigating Officer, non-tampering with evidence and non-influencing of witnesses, and cooperation with the investigation and trial; breach makes the protection liable to cancellation. Observations were expressly confined to the disposal of the anticipatory bail applications.

2025:BHC-AUG:2594

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

989 ANTICIPATORY BAIL APPLICATION NO. 436 OF 2024

SALMAN ALAUDDIN PATEL

INTIYAZBI ALAUDDIN PATEL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

Advocate for Applicant : Mr. P. P. More APP for Respondent/State: Mr. S. K. Shrise

WITH

ANTICIPATORY BAIL APPLICATION NO. 875 OF 2024

ALLAUDDIN YAKUB PATEL

MUSKAN SALMAN PATEL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER

… Advocate for Applicant : Mr. More P. P. APP for Respondent/State: Mr. S. K. Shrise

CORAM : ARUN R. PEDNEKER, J. DATE : 29^th JANUARY, 2025

PER COURT:

Heard learned counsel for the applicants and the learned

APP for the respondent-State.

The applicants are apprehending arrest in connection with

Crime No.0850/2023, dated 24.11.2023, registered at MIDC Latur

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Police Station, District Latur, for the offences punishable under Sections 306, 498-A, 504, 506, 34 of the IPC.

This court by orders dated 19.03.2024 and 28.05.2024 granted interim protection to the applicants in respective matters.

The learned counsel for the applicants submits that the applicants have cooperated with the investigation. The learned counsel for the applicants submits that FIR is lodged against five persons including the applicants for the above offences. The learned counsel submits that the marriage between the deceased and Ibrahim Patel was solemnized in the year 2011. The alleged offence has taken place on 23.11.2023 and the FIR was lodged on 24.11.2023.

The allegations in the FIR against the present applicants is that they all harassed the deceased on account of demand of Rs.5,00,000/- for purchase of four-wheeler. It is also stated that the husband of the deceased had came to the parental home of the deceased and demanded Rs.5,00,000/- and has also threatened to solemnize the another marriage, if his demand is not satisfied. It is further stated that informant had paid Rs.1,00,000/- to the in-laws of the deceased and assured to pay remaining Rs.4,00,000/- within a short time. Thereafter, after three days on 23.11.2023, at about 07:00 p.m., the informant’s sister / deceased telephoned him and told him that you have unncessarily

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gave money to in-laws, they are not treating the deceased and children properly.

The learned counsel for the applicants submits that the husband of the victim so also brother-in-law of the victim were arrested and that they have been granted bail on 12.02.2024. The allegations primarily are against the husband of the deceased. The applicants are the in-laws of the deceased. Considering the same, the interim protection deserves to be confirmed.

In view of the above, the interim protection granted by orders dated 19.03.2024 and 28.05.2024 stands confirmed, on the following terms:

i] The applicants shall attend the police station as and when required by the Investigating Officer.

ii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.

iii] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.

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In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled.

It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

The applications stand disposed of.

[ARUN R. PEDNEKER, J.]

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