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2026 DAILYLAW 10437 (BOM)

DEVIDAS DATTARYA MIRAJAKAR v. STATE OF MAHARASHTRA

ABA/2578/2023 · 2026-09-23

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Judgment text

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1/4 12-ABA-2568-2023 AND 13- ABA- 2578-2023(CR).DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. ANTICIPATORY BAIL APPLN. NO. 2568 OF 2023 Kantabai Dattarya Mirajakar And Ors. …...Applicants VERSUS State Of Maharashtra …...Respondents WITH CR. ANTICIPATORY BAIL APPLN. NO. 2578 OF 2023 Devidas Dattarya Mirajakar …...Applicant VERSUS State Of Maharashtra …...Respondent _________________________________________________________________ None for Applicants. Mr. Anand Subhash Shalgaonkar, A.P.P., for the Respondent-State, in both Applications. _________________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 23rd SEPTEMBER, 2026. P.C. 1. None present for the Applicants. 2. Heard Mr. Anand Subhash Shalgaonkar, learned A.P.P. for the Respondent – State. Shantanu S. Dhudum SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2026.09.23 20:08:27 +0530 2/4 12-ABA-2568-2023 AND 13- ABA- 2578-2023(CR).DOC 3. Mr. Anand Subhash Shalgaonkar, learned A.P.P. for the Respondent – State, submits that the subject matter of these Criminal Anticipatory Bail Applications is Crime No.483 of 2023 registered with M.I.D.C. Police Station, Solapur, for the offences punishable under Section 306 read with Section 34 of the Indian Penal Code, 1860 (for short, “IPC”). He submits that both these Applications arise out of the same crime and, therefore, both these Applications may be disposed of by a common order. 4. On 20th September 2023, the following order was passed in Anticipatory Bail Application No.2568 of 2023: “. Not on board. Taken on board. 2. Heard learned counsel for applicants and learned APP. 3. There is delay of two years in filing the complaint against the applicants. Applicants are relatives of husband of deceased. 4. Learned APP seeks time to take instructions. At her request, stand over to 9th October 2023. 5. As there is delay of two years in filing complaint, I pass the following order: (i) Applicants shall not be arrested till next date.” 5. On 14th September 2023, the following order was passed in Anticipatory Bail Application No.2578 of 2023: “1. Heard learned counsel for the applicant and learned APP. Shantanu S. Dhudum 3/4 12-ABA-2568-2023 AND 13- ABA- 2578-2023(CR).DOC 2. There is delay of two years in filing the complaint against the applicant. Deceased was the wife of applicant. 3. Learned APP seeks time to take instructions. At her request, stand over to 9th October 2023. 4. As there is delay of two years in filing complaint, I pass the following order: (i) Applicant shall not be arrested till next date.” 6. These Applications are pending since the year 2023. Notwithstanding the absence of the Advocate for the Applicants, with the assistance of Mr. Anand Subhash Shalgaonkar, learned A.P.P. for the Respondent – State, these matters are taken up for disposal. 7. Mr. Anand Subhash Shalgaonkar, learned A.P.P. for the Respondent – State, submits that the Applicants have appeared before the Investigating Officer and have cooperated with the investigation in Crime No.483 of 2023. He submits that the investigation in the said crime is complete and the charge-sheet has been filed before the Trial Court having jurisdiction, and the same is now registered as R.C.C. No.1503 of 2023. He, on instructions from the Investigating Officer, submits that, as the charge- sheet has been filed and the same is pending before the Trial Court, the custodial interrogation of the Applicants in Crime No.483 of 2023 is not required. Shantanu S. Dhudum 4/4 12-ABA-2568-2023 AND 13- ABA- 2578-2023(CR).DOC 8. Based on the statement made by Mr. Anand Subhash Shalgaonkar, learned A.P.P. for the Respondent – State, that the custodial interrogation of the Applicants is not required in Crime No.483 of 2023, these Applications can be disposed of. 9. In view of the above, Anticipatory Bail Application Nos.2568 and 2578 of 2023 are disposed of. ( ASHWIN D. BHOBE, J.) Shantanu S. Dhudum