MARUTI DATTA CHAVAN AND ORS v. STATE OF MAHARASHTRA
ABA/2051/2025 · 2025-09-24
Shri Shivkumar Dige
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41785 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41785 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
47-ABA-2051-2025 (CR) sp.doc Iresh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2051 OF 2025 Maruti Datta Chavan And Ors ...Applicants Versus State of Maharashtra and anr ...Respondents Mr. Jaydeep D. Mane for the applicants Mr. S. H. Yadav, APP for the State Ms. Ahilya Nalawade, advocate appointed through Legal Aid for respondent no. 2. CORAM :
SHIVKUMAR DIGE, J.
DATE :
24th SEPTEMBER 2025 P.C.:
1. Applicants are apprehending arrest in C.R. No. 604 of 2025 registered with Mohol Police Station, District Solapur for offences punishable under Sections 3, 4 of Dowry Prohibition Act and Sec 115(2), 351(2) 351(3), 352, 80, 85 of Bhartiya Nyay Sanhita, 2023. 2. It is the prosecution’s case that applicants had ill-treated the daughter of the first informant and wife of accused no. 1 on 1/4 This is the corrected order pursuant to speaking to the minutes order dated 29/09/2025. IRESH MASHAL Digitally signed by IRESH MASHAL Date: 2025.09.30 18:56:41 +0530
47-ABA-2051-2025 (CR) sp.doc the ground bringing dowry of Rs. 5 Lakhs and they assaulted her. Due to physical and mental assault, she fell ill and passed away while taking treatment. It is alleged that she died due to ill-treatment of the applicants. 3. It is the contention of learned counsel for applicants that there is delay of 27 days in filing F.I.R. Moreover, applicants had admitted the deceased in the hospital. She was admitted in the hospital for one month. The applicants have incurred all hospital expenses of around 10 Lakhs. During that one month period, the first informant and his family members met the deceased but during that period, no complaint was lodged and after 27 days of death of the deceased, present complaint is filed which is afterthought and only to harass the applicants. The applicants are reputed persons. They have no antecedents. Hence, requested to allow the application. 4. It is the contention of learned APP alongwith respondent no. 2 that applicants were harassing the deceased for bringing dowry of Rs. 5 Lakhs and deceased was physically and mentally harassed by the applicants. Post mortem report shows fracture injury to the deceased. It shows that before the incident, she 2/4 This is the corrected order pursuant to speaking to the minutes order dated 29/09/2025. 47-ABA-2051-2025 (CR) sp.doc was assaulted by the applicants.
Considering the allegations against the applicants, their custodial interrogation is required and requested to reject the application. 5. I have heard all the learned counsel, perused F.I.R. and documents produced on record. Medical papers produced on record shows that deceased was admitted in the hospital for couple of days. Applicants have incurred the expenses for treatment of the deceased. There is delay of 27 days for filing F.I.R. During period of one month, first informant and his/her family members met the deceased but no complaint was filed during that period. 6. Considering these facts, custodial interrogation of the applicants is not required and I pass following order:
O R D E R I. Application is allowed. II. In the event of arrest, applicants be enlarged on bail in C.R. No. 604 of 2025 registered with Mohol Police Station, District Solapur on furnishing P.R. Bond in the sum of Rs. 20,000/- each with one or two sureties in the like amount. 3/4 This is the corrected order pursuant to speaking to the minutes order dated 29/09/2025. 47-ABA-2051-2025 (CR) sp.doc III. The applicants shall attend the concerned police station as and when required. IV. The applicants shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case. V. Application is disposed of in above terms. VI. All concerned to act on authenticated copy of this order. [SHIVKUMAR DIGE, J.] 4/4 This is the corrected order pursuant to speaking to the minutes order dated 29/09/2025.