1 12-APEAL-1130-25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1130 OF 2025 Shivaji M. Sawant … Appellant Vs. The State of Maharashtra & Anr. … Respondents ----- Mr. Viresh V. Purwant a/w. Mr. Suraj V. Gadkari for the Appellant. Mr. P.H. Gaikwad, APP for the Respondent/State. Ms Vilasini Subramanian, Appointed Advocate for Respondent No.2. ----- CORAM : N.R. BORKAR, J. DATE : 31st JULY 2026. P.C. : 1. This appeal under Section 14-A of the of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act (for short “SC & ST Act”) takes exception to the order dated 7th November 2025 passed by the learned Additional Sessions Judge, Vadgaon Maval, Pune in Miscellaneous Criminal Bail Application No. 373 of 2025. 2. By the order impugned, learned Additional Sessions Judge has rejected the application for anticipatory bail filed by the present appellant, who is apprehending his arrest in C.R. No.288 of 2025 registered at Shirgaon-Parandvadi Police Station, Pimpri Chinchwad for the offences punishable under Sections 64 (2) (m), 70(1), 88, 115(2), 127(3), 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 6, 3(1)(r), 3(1)(s), 3(1) (w) and 3(2)(va) of the SC & ST Act. Dinesh 1 of 4 2 12-APEAL-1130-25.doc 3. I have heard the learned counsel for the appellant, learned APP for the State and the learned counsel for respondent No.2/first informant. 4. Learned counsel for the appellant submits that there is a matrimonial dispute between the parties. It is submitted that the first informant who belongs to Scheduled Caste, taking benefit of the said fact, has made the false allegation against the present appellant and other co-accused that they assaulted her and abused her on her caste. It is submitted that prior to registration of the present crime, the first informant had lodged the report with Sinnar Police Station, Nashik Rural on 12th July 2025. It is submitted that on the basis of said report, Sinnar Police Station has registered Crime No. 427 of 2025 against the appellant for the offences punishable under Section 352, 351(1) and 115(2) and 85 of the BNS. It is submitted that in the said report no allegations were made in respect of the offences under the SC and ST Act. It is submitted that due to matrimonial dispute false allegations are made against the appellant with a view to involve him in the serious offence. 5. On the other hand learned APP for the respondent/State and the learned counsel for respondent No.2 submits that the appellant is involved in serious crime. Learned counsel for respondent No.2 submits that the first FIR was not registered as per the version of the first informant and thus she was compelled to lodge the present FIR. It is further submitted that Dinesh 2 of 4 3 12-APEAL-1130-25.doc in view of the bar contained under Sections 18 and 18A of the SC & ST Act, the present appeal may not be entertained. 6. Learned counsel for respondent No.2 submits that after this Court granted the interim protection to the appellant and other co-accused, they threatened the first informant. In support of the said submission, she has drawn my attention to the report lodged by the first informant with Azad Nagar Police Station. It is submitted that considering the nature of allegations, the appellant may not be released on anticipatory bail. 7. I have perused the first FIR dated 12th July 2025 and the FIR in the present crime. Prima-facie, there appears to be substance in the submission of the learned counsel for the appellant that the present FIR is lodged with a view to involve the appellant in more serious offences. Considering the overall facts and circumstances, I am inclined to release the appellant on anticipatory bail on certain conditions. In the result, the following order is passed: O R D E R (a) The Appeal is allowed. (b) The impugned order is set aside. (c) In the event of arrest of the appellant in C.R. No. 288 of 2025 registered at Shirgaon-Parandvadi Police Station, Pimpri Chinchwad for the offences punishable under Sections 64 (2) (m), 70(1), 88, 115(2), 127(3), 351(2), 352, Dinesh 3 of 4 4 12-APEAL-1130-25.doc 3(5) of the BNS and Sections 6, 3(1)(r), 3(1)(s), 3(1)(w) and 3(2)(va) of the SC & ST Act, he shall be released on anticipatory bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount. (d) The appellant shall not enter into the limits of district Pune till conclusion of trial, except to attend the dates before the trial court. (e) The appellant shall furnish their contact numbers and residential address to the concerned police station. (f) The appellant shall not tamper with the prosecution evidence. (g) Liberty is granted to the prosecution and the first informant to file an application for cancellation of anticipatory bail, if the aforesaid conditions are breached. (N.R. BORKAR, J.) Dinesh 4 of 4