DHANAJI ANANDA DESAI v. STATE OF MAHARASHTRA AND ANR
APEAL/430/2025 · 2026-08-21
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 3491 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3491 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
968---APEAL430-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 430 OF 2025 Dhanaji Ananda Desai …Appellant V/s. State of Maharashtra And Anr …Respondents Mr. Samay Pawar (through V.C.) and Mr. Vaibhav Halake for the Appellant. Ms. Shubhangi N. Deshmukh, APP for the State. Ms. Deepti Chand (through V.C.) for Respondent No.2 (appointed through legal aid). Ms. Meera Mahamune, P.S.I., Chiplun Police Station, Ratnagiri is present.
CORAM : ASHWIN D. BHOBE, J.
DATE : AUGUST 21, 2026. Oral Order:-
1. Heard Mr. Samay Pawar, learned Advocate for the Appellant, Ms. Deepti Chand, learned Advocate for Respondent No. 2 and Ms. Shubhangi N. Deshmukh, learned APP for the State.
2. By consent of the parties, this Appeal is finally heard.
3. By this Appeal under Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“SCST Act 1989”), the Appellant seeks bail, apprehending arrest in connection with Crime No. 59 of 2025, dated 15th March 2025, registered at VRJ 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.08.24 17:03:37 +0530
968---APEAL430-2025.doc Chiplun Police Station for offences punishable under Sections 75(1)(iv) and 79 of the Bharatiya Nyaya Sanhita, 2023 and Section 3(1)(r) of the SCST Act 1989.
4. On 30th April 2025, the following order was passed:-
“1. Heard learned counsel for the appellant and learned APP for respondent No.1-State.
2. It appears from the FIR that the dispute is about affairs in school. Considering this fact, learned APP seeks time to take instructions.
3. Issue notice to respondent No.2 returnable on 12th June 2025.
4. In the meantime, in the event of arrest, the appellant be released on bail on execution of P.R. Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount.
5.
Learned counsel for the appellant, on instructions, submitted that the appellant will not take any action against respondent No.2 and all the notices issued will be withdrawn.”
5. Mr. Samay Pawar, learned Advocate for the Appellant, states that the Appellant has appeared before the Investigating Officer and has fully cooperated with the investigation in Crime No. 59 of 2025. Mr. Samay Pawar states that he has complied with the statement recorded in the order dated 30th April 2025. 6. Mr. Samay Pawar, learned Advocate for the Appellant, states that the investigation is complete, the charge-sheet has been filed in Crime No. 59 of 2025, that the same is registered as Special Case No. 17 of 2025 and that it is pending before the Special Court, Additional VRJ 2
968---APEAL430-2025.doc Sessions Judge, Chiplun (“Trial Court”) for adjudication. Mr. Samay Pawar further states that the Appellant has submitted to the jurisdiction of the Trial Court by executing a P.R. Bond and furnishing sureties. He further states that the Trial Court has framed the Charge in Special Case No. 17 of 2025. 7. Ms. Shubhangi N. Deshmukh, learned APP for the State, tenders a copy of the Report dated 21st August 2023 of the Respondent No. 1, the same is taken on record and marked with “X” for identification. 8. Ms. Shubhangi N. Deshmukh, learned APP for the State, on specific instructions and by relying on the Report dated 21st August 2023 (“X”), states that the Appellant has cooperated with the investigation and that his custodial interrogation is not required in connection with Crime No. 59 of 2025 registered with Chiplun Police Station. She submits that the charge-sheet has been filed in Crime No. 59 of 2025 and that the same is registered as Special Case No. 17 of
2025. She submits that the condition of the Appellant regularly appearing before the Trial Court in Special Case No. 17 of 2025 be imposed. 9. Ms. Deepti Chand, learned Advocate appearing for Respondent No. 2, submits that the Appellant would repeat the offence. She further submits that the Appellant has committed the offence and therefore VRJ 3
968---APEAL430-2025.doc opposes the grant of pre-arrest bail to the Appellant. 10. Mr. Samay Pawar, on instructions from the Appellant, states that the Appellant shall regularly appear before the Trial Court in Special Case No. 17 of 2025 whenever the matter is fixed. Statement accepted. 11.
In view of the statements made by Mr. Samay Pawar, learned Advocate for the Appellant and the statements made by Ms. Shubhangi N. Deshmukh, learned APP for the State, I deem it fit and proper to confirm the order dated 30th April 2025 passed by this Court and make the same absolute in terms of paragraph 4 thereof, on the following additional condition: (a) The Appellant shall regularly appear before the Trial Court in Special Case No. 17 of 2025, unless specifically exempted from such appearance by the Trial Court. If the Appellant fails to appear before the Trial Court on the date fixed in Special Case No. 17 of 2025, the Trial Court will be at liberty to pass appropriate orders. (b) The Appellant shall not, directly or indirectly, induce, threaten, influence, or attempt to influence any person acquainted with the facts of the case to dissuade that person from disclosing those facts to the Court or to any police officer, and shall not tamper with or interfere with VRJ 4
968---APEAL430-2025.doc the witnesses in any manner whatsoever. 12. Criminal Appeal No. 430 of 2025 is allowed. (ASHWIN D. BHOBE, J.) VRJ 5