Pratik S/O Mukesh Patel vs The State Of Maharashtra
2021 Latest Caselaw 13404 Bom

                                     1 of 2                     4.ABA.5.2020.doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

              ANTICIPATORY BAIL APPLICATION NO.5 OF 2020

 Pratik Mukesh Patel                                            Respondent
        versus
 The State of Maharashtra                                       Respondent

                                   WITH
                     INTERIM APPLICATION NO.156 OF 2020

 Beena Prakash Patel                                            Intervenor

 In the matter between :
 Pratik Mukesh Patel                                            Respondent
        versus
 The State of Maharashtra                                       Respondent

 Mr.Shambhu M. Jha, Advocate for applicant in ABA.
 None present for intervenor.
 Ms.P.P.Shinde, APP, for State.

                               CORAM :   PRAKASH D. NAIK, J.
                               DATE :    18th September 2021
 PC :

 1.       This is an application for anticipatory bail in connection with
 CR No.812 of 2019 registered with Shahupuri Police Station, District
 Kolhapur, for offences punishable under Sections 498(A), 354,
 354(D), 499 and 500 of Indian Penal Code.


 2.       The marriage between the applicant and the complainant is
 solemnized on 15th March 2015. Apart from harassment, as alleged
 in the FIR, the primary grievance of the complainant is that the
 applicant had forwarded objectionable e-mails containing the
 messages against the complainant to various persons including the
 staff of the complainant and on the e-mail of the company. It is




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 alleged that the objectionable photographs were sent to one
 Sandipan Chatterjee and others.


 3.       The applicant was granted interim protection vide order dated
 10-1-2020 which is in operation.


 4.       Learned counsel for applicant submitted that the parties have
 amicably settled the dispute and decree of divorce has been granted
 by Family Court. Learned counsel produced photocopy of the decree
 and judgment dated 9-2-2021 which reproduces the consent terms
 executed between parties.        The consent terms indicate that the
 parties had also agreed to initiate proceedings for quashing the FIR.
 Learned counsel for applicant submitted that on account of lock lock
 down the proceedings could not be initiated.


 5.       In the light of the aforesaid factual aspects, interim order
 dated 10-1-2020 deserves to be confirmed. Hence I pas following
 order :
                                   ORDER

(i) Anticipatory Bail Application is allowed and disposed of;

(ii) Interim order dated 10-1-2020 is confirmed;

(iii) In the event of arrest of applicant in CR No.812 of 2019 registered with Shahupuri Police Station, Kolhapur, the applicant be released on bail on executing PR bond in the sum of R.25,000/- with one or more sureties in the like amount;

(iv) Interim Application is disposed of.

(PRAKASH D. NAIK, J.) MST