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2026 DAILYLAW 7343 (BOM)

SHETIBA MAGARDAS PAWAR v. THE STATE OF MAHARASHTRA AND ORS.

ABA/411/2026 · 2026-09-08

Public Interest Litigationbody2026

Judgment text

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904 - ABA - 411 - 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 411 OF 2026 Shetiba Magardas Pawar … Applicant Versus. The State of Maharashtra & Ors. … Respondents ------- Mr. Hrishikesh S. Shinde for the Applicant. Mr. Nitin B. Patil, APP for the State. Mr. Surjeet Nair for Respondent No.2. (Appointed through Legal Aid). Mr. Kiran Patil, API, Mohol Police Station, Solapur Gramin, is present. ------- CORAM : ASHWIN D. BHOBE, J. DATED : SEPTEMBER 8, 2026 P.C.: 1. Heard, Mr. Hrishikesh S. Shinde, learned Advocate for the Applicant, Mr. Nitin B. Patil, learned APP for the State and Mr. Surjeet Nair, learned Advocate for Respondent No. 2. 2. By this Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-arrest bail, apprehending arrest in connection with Crime No. 209 of 2026 registered at the Mohol Police Station, District Solapur Gramin, for offences punishable under Sections 69, 89, 64(1) and 351(3), read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. VRJ 1 904 - ABA - 411 - 2026.doc 3. On 3rd August 2026, the following order was passed: “1. Issue notice to the Respondents, returnable on 24.08.2026. Learned APP waives service of notice for Respondents/State. 2. The learned Counsel for the Applicant submits that the Applicant is the uncle of the main accused, Abhishek Pawar, and that his alleged role is attributed only to administering a pill for the purpose of abortion, leading to the illegal termination of pregnancy. The Applicant has no criminal antecedents and is ready to abide by any conditions that may be imposed by this Court. Hence, the Applicant may be protected. 3. Taking into consideration that the aforesaid submissions, I inclined to protect the Applicant till the investigation papers are received, subject to certain conditions. Hence the following order: ORDER (a) In the event of arrest of the Applicant - Shetiba Magardas Pawar in connection with Crime No.209/2026 registered with Mohol Police Station, District Solapur Gramin for the offence punishable under Sections 69, 89, 64(1), 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing PR. bond of Rs.50,000/- (Rupees Fifty Thousands) with two solvent sureties in the like amount, on the following conditions : (b) The Applicant is directed to attend Mohol Police Station, District Solapur Gramin on every Friday and Saturday between 11:00 am. to 02:00 pm. and co-operate with the Investigating Officer until further orders. (c) The Applicant shall not tamper with the evidence and shall not pressurize the prosecution witnesses, in any manner. (d) The Investigating Officer shall make the investigation papers available for perusal of this Court. 4. Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek vacation of the interim relief granted herein above. 5. The learned APP is requested to intimate the victim about the pendency of the proceedings and submit an acknowledgment on the next date of hearing. 6. Stand over to 24.08.2026.” 4. Mr. Hrishikesh S. Shinde, learned Advocate for the Applicant, states that the Applicant has co-operated with the Investigating Officer and appeared before the Investigating Officer on the dates fixed. He further submits that the Applicant shall continue to co-operate with the VRJ 2 904 - ABA - 411 - 2026.doc Investigating Officer. 5. Mr. Nitin B. Patil, learned APP for the State, submits that the Applicant's involvement in the crime consists of administering a pill for abortion and further threatening her not to disclose the incident. He submits that the Applicant has appeared before the Investigating Officer and co-operated with the investigation. 6. Mr. Surjeet Nair, learned Advocate for Respondent No. 2, on instructions from Respondent No. 2, who he states is present in Court, submits that the allegations made by Respondent No. 2 against the Applicant (Shetiba Magardas Pawar) arose from a misunderstanding. 7. Considering the nature of the allegations against the Applicant and the absence of any allegation that the Applicant was involved in any sexual offence against Respondent No. 2 and in light of the statement made by Mr. Surjeet Nair, learned Advocate for Respondent No. 2, on instructions from Respondent No. 2, the custodial interrogation of the Applicant is not necessary. 8. In view of the above, the order dated 3rd August 2026 is confirmed and made absolute in terms of Condition Nos. 3(a) and (c), with the following additional conditions: Additional Conditions: (a) The Applicant shall appear before and report to the Investigating Officer, Mohol Police Station, District Solapur VRJ 3 904 - ABA - 411 - 2026.doc Gramin, as and when required by the Investigating Officer investigating Crime No. 209 of 2026; (b) The Applicant shall provide the Investigating Officer at Mohol Police Station, District Solapur Gramin, with his residential address and proof thereof, his contact number and must inform the Investigating Officer, of any changes to this information from time to time. 9. This Court, by order dated 7th September 2026, appointed Mr. Surjeet Nair to represent Respondent No. 2 under the Legal Aid Scheme. He has represented Respondent No. 2 in the present Application, which is disposed of today. The High Court Legal Services Committee shall quantify and pay the fees of Mr. Surjeet Nair, learned Advocate for Respondent No. 2, as per the rules under the Legal Aid Scheme. 10. Criminal Anticipatory Bail Application No. 411 of 2026 is disposed. (ASHWIN D. BHOBE, J.) VRJ 4 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.09.08 20:10:00 +0530