Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 12130 (BOM)

MAINODDIN MD. RAFIQUE HATTURE v. STATE OF MAHARASHTRA

ABA/1718/2023 · 2026-09-28

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

22-aba-1718-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1718 OF 2023 Mainoddin Md. Rafique Hatture ...Applicant Versus State of Maharashtra ...Respondent _______________________________________________________________ Mr. Veerdhaval Kakade, Advocate for the Applicant. Mrs. S. N. Deshmukh, APP for the Respondent – State. Mr. Vakude, Jailroad Police Station, is present. _______________________________________________________________ CORAM : ASHWIN D. BHOBE, J. DATE : 28th September, 2026. P.C. : 1. Heard Mr. Veerdhaval Kakade, learned Advocate for the Applicant and Mrs. S. N. Deshmukh, learned APP for the Respondent – State. 2. On 3rd July 2023, the following order was passed :- 1. The Applicant apprehends his arrest in C.R. No.626 of 2022 registered with Jail Road Police Station, District -Solapur, for the offences punishable under Section 366 r/w 34 of the IPC. 2. Heard Mr. Kakade, learned counsel for the Applicant and Mr. S.V. Gavand, learned APP for the Respondent -State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties. 3. The aforesaid crime was registered pursuant to the FIR lodged by the mother of the victim girl, who is Arjun 1 22-aba-1718-2023.doc stated to be 19 years of age. It is alleged that the Applicant and his associate pulled the victim in a car and forcibly took her to Vijapur, wherein all the arrangements of nikah were made but the victim refused to marry and thereafter the Applicant took her to Pune. 4. Learned counsel for the Applicant states that the victim and the Applicant were in love with each other. He has recorded the conversation between the Applicant and the victim, her mother and other relatives and that he is ready to submit the same before the Investigating Officer. 5. In the light of the said statement, the Applicant is granted interim bail till the next date of hearing on the following terms and conditions:- (i) In the event of arrest of the Applicant in C.R. No.626 of 2022 registered with Jail Road Police Station, District Solapur, the Applicant is ordered to be released on interim bail on furnishing PR bonds in the sum of Rs.25,000/- with one or two sureties to the like amount; (ii) The Applicant shall report to the concerned Investigating Officer for a period of two days i.e. on 07/07/2023 and 08/07/2023 between 11.00 a.m. to 2.00 p.m. and shall co-operate with the investigation; (iii) The Applicant shall not tamper with the prosecution evidence and or influence the witnesses in any manner; (iv) The Applicant shall keep the Investigating Officer informed of his current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time. 6. Stand over to 17/07/2023. 3. Mr. Veerdhaval Kakade, learned Advocate for the Applicant states that the Applicant has appeared before the Investigating Officer and has co-operated with the investigation of Crime No. 626 of 2022. He states that upon the completion of the investigation in Crime No. Arjun 2 22-aba-1718-2023.doc 626 of 2022, chargesheet was filed by the Respondent – State, before the Sessions Court, Solapur. He states that the said proceedings are registered as Sessions Case No. 71 of 2025. He states that upon being summoned in Sessions Case 71 of 2025, the Applicant has appeared before the Sessions Court and has furnished PR Bond as well as sureties in Sessions Case No. 71 of 2025. He states that trial has commenced in Sessions Case No. 71 of 2025 and the Applicant is regular in his appearance before the Sessions Court, Solapur. 4. The statement made by Mr. Veerdhaval Kakade, learned Advocate for the Applicant that the Crime No. 626 of 2022 is registered as Sessions Case 71 of 2025 and the matter proceeding before the Sessions Court, Solapur is not contested by Ms. Deshmukh learned APP for the Respondent - State. 5. In view of the statements made by Mr. Veerdhaval Kakade, learned Advocate for the Applicant, the Applicant being on interim bail since July, 2023 and there being no allegations of any breach of the conditions of the order dated 03.07.2023, this Application is allowed by confirming the order dated 03.07.2023 and making the condition Nos. 5 (i), (iii) and (iv) in the order dated 03.07.2023, absolute. Arjun 3 22-aba-1718-2023.doc 6. Anticipatory Bail Application No. 1718 of 2023 disposed of. (ASHWIN D. BHOBE, J.) Arjun 4 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.09.28 21:35:14 +0530