MAHIPAL SHAM CHAVAN v. STATE OF MAHARASHTRA AND ORS
WP/4713/2026 · 2026-09-23
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11480 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11480 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
10-WP-4713-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4713 OF 2026 Mahipal Sham Chavan ... Petitioner Vs. The State of Maharashtra And Ors.
... Respondents **** Mr. P. B. Shah i/b Kayval P. Shah, Advocate for the Petitioner. Ms. M. M. Deshmukh, APP for Respondent-State. ****
CORAM :
SARANG V. KOTWAL AND RANJITSINHA RAJA BHONSALE, JJ.
DATE :
23rd SEPTEMBER 2026 P.C.:
1. The Petitioner’s wife is detained pursuant to the detention order dated 18th August 2026 passed by Respondent No. 3, the Commissioner of Police.
2. The Petitioner had earlier approached this Court by filing Writ Petition No. 4272 of 2026, raising a grievance that the documents and grounds of detention had not been served upon the Petitioner. However, the learned APP had filed an affidavit stating that all the documents and grounds of detention had been served upon the detenue. The said contention was recorded in the order dated 31st August 2026. In view of the said affidavit, the Petitioner did not press the said Petition and sought liberty to file a substantive Petition challenging the detention 1 Sharada SHARADA RANGNATH WAHULE Digitally signed by SHARADA RANGNATH WAHULE Date: 2026.09.28 11:15:02 +0530
10-WP-4713-2026.doc
order.
3. However, the present Writ Petition has been filed seeking limited relief, namely, a direction to provide copies of the documents and grounds of detention. Learned counsel for the Petitioner submitted that the Petitioner and his wife are illiterate and, therefore, they are not in a position to ascertain whether the grounds of detention and the relevant documents were served upon the Petitioner or not. Without entering into the said controversy, learned counsel submitted that, in the interest of justice, the Respondents may be directed to provide copies of the said documents and grounds of detention to the learned Advocate for the Petitioner. The request is reasonable and is made in the interest of justice. Hence, the following order:
ORDER (i) The Respondents shall hand over the grounds of detention and copies of the relevant documents to the Advocate on Record for the Petitioner within a period of one week from today. (ii) It is made clear that this order is passed by way of indulgence and shall not be construed as a ground for contending that the grounds of detention were not served at the time of detention. It is further made clear that we have not recorded any finding as to whether the Petitioner and his wife are illiterate. 2 Sharada
10-WP-4713-2026.doc (iii) The direction issued herein is only in the interest of justice, and the Respondents are directed to provide the said documents to the learned Advocate on Record for the Petitioner within a period of one week. The learned Advocate on Record shall acknowledge receipt of the grounds of detention and the relevant documents.
(RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.) 3 Sharada