The Bombay High Court recently granted anticipatory bail to a man booked for pronouncing triple talaq to his wife by way of sending an SMS while noting that it is possible to settle disputes and differences between husband and wife through mediation.
A single-judge bench of Justice Sandeep K. Shinde passed this order while hearing the anticipatory bail application filed by Adnan Iqbal Moulvi. The applicant sought pre-arrest bail in a case registered in Oshiwara Police Station for offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Muslim Women (Protection of Rights) Act, 2019 at the instance of his wife.
The Court observed,
“The Sessions Judge, in his order, has observed that, applicant and the complainant were blaming each other for the marital discord and therefore it is a matrimonial dispute. The only ground on which the applicant was denied pre-arrest protection is, that the ornaments of the complainant are in the custody of the applicant, for which according to the Judge, detailed investigation is necessary.”
The Court noted that having regard to the general nature of allegations against the applicant and his relatives that they were demanding money from her and for not fulfilling their demands, she was subjected to harassment, in my view, it is possible to settle the disputes and differences through mediation.
The Court ordered,
“Till then, in the event of arrest, the applicant bail is registered with Oshiwara Police Station, he shall be released on bail on executing PR bond for the sum of Rs 25,000 with one or more sureties in the like sum. The applicant shall report to the Investigating Officer as and when required till further orders and co-operate in the investigation. The applicant shall furnish his permanent residential address and contact number to the Investigating Officer forthwith. The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.”
The Court has fixed the next hearing on September 9.