SC refuses anticipatory bail to man accused of pronouncing triple talaq

The Supreme Court has refused a plea for anticipatory bail to a Mumbai resident, who was accused of giving divorce to his third wife by pronouncing triple talaq, declared a punishable offence in 2019.

A bench of Justices A M Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna declined to interfere with the Bombay High Court's order of October 21, rejecting an application for advance bail by Ebrahim Mohd Iqbal Lakadawala.

The man, represented by advocate Sunil Fernandes, claimed that he is the father of five children, including three minor daughters, who were completely dependent upon him, and there was a threat to their health and well-being, in case of his arrest.

His third wife lodged an FIR with Mumbai's Amboli police station against Lakadawala under various provision of the IPC, including unnatural sex and under the Information Technology Act for making obscene picture of complainant wife.

She also lodged the case also under provision of Muslim Women (Protection of Rights on Marriage) Act, 2019, saying he pronounced triple talaq against him.

In its order, the top court, however, said the dismissal of his petition would not come in the way of seeking regular bail to be filed within four weeks of his surrendering to the court concerned.

"Till then, no coercive steps be taken against the petitioner but the petitioner shall make himself available before the Investigating Officer as and when required in connection with the investigation of the subject case," it said.

The court said if 48 hours notice is given in advance to the prosecution, the trial court may decide the bail application on the same day.

The FIR was lodged by the victim-woman on August 28, alleging her husband gave some intoxicating drink to her and took some photographs and recorded video of the first informant. She alleged the man had unnatural sex with her in October, 2018 and had inserted aluminium rod causing bleeding in her private parts. He used to quarrel with her as he did not want children from her. On June 3, he pronounced triple talaq.