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Bombay High Court

PARVATI MARUTI PATIL AND ANR.versusSTATE OF MAHARASHTRA AND ANR.

Decided
Disposal
Allowed

Holding

The Court held that despite the statutory bar under Section 18, anticipatory bail may be granted where the allegations are weak, evidence is insufficient, and the appellant is a senior citizen, provided she cooperates with the investigation.

Summary

Parvati Maruti Patil, a 75‑year‑old senior citizen, and her daughter‑in‑law sought anticipatory bail fearing arrest in Crime No.132 of 2022, which alleged offences under IPC sections 504 and 506 and the SC/ST (Prevention of Atrocities) Act. The Additional Sessions Judge rejected the bail on the ground of the bar under Section 18 of the SC/ST Act. On appeal, the High Court examined the FIR, the complainant’s original and supplementary statements, and noted the absence of independent witnesses and the appellant’s advanced age. The Court found the supplementary allegations against the senior citizen weak and, considering her vulnerability, ordered interim bail subject to cooperation with the investigation. Consequently, the appeal was allowed, the impugned order set aside, and the interim bail order confirmed.

Issues considered

  • Whether Section 18 of the SC/ST (Prevention of Atrocities) Act bars the grant of anticipatory bail in the present case.
  • Whether the nature of the allegations and the appellant's age justify denial of anticipatory bail.
  • Whether the lack of independent corroborative evidence affects the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • Section 18
  • senior citizen
  • lack of evidence
  • bail jurisprudence
  • criminal procedure

Judgment

                                                                                   3-apeal-938-2023.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                          CRIMINAL APPEAL NO. 938 OF 2023

                      Parvati Maruti Patil & Anr                         …Appellants

                              V/s.

                      The State of Maharashtra & Anr.                    ...Respondents


PRAMOD                Mr. Kuldeep Patil a/w Adv. Y. Sawant, Advocate for the Appellant.
SANTOSH
LAKARE                Ms. S. S. Kaushik, APP for the Respondent/State.
Digitally signed by
PRAMOD
SANTOSH LAKARE
Date: 2026.08.29
17:31:18 +0530

                                                       CORAM         :   N.R. BORKAR, J.
                                                       DATE          :   29.08.2026.

                      P.C. :

                      1.                This   appeal takes exception to the order dated

                      07.08.2023 passed by the Additional Sessions Judge, Panvel,

                      Raigad, in Criminal Bail Application No. 682 of 2023.



                      2.                By the impugned order, the learned Additional Sessions

                      Judge has rejected the anticipatory bail application filed by the

                      present appellants who are apprehending their arrest in Crime No.

                      132 of 2022 registered at Taloja police station for the offences

                      punishable under Sections 504 & 506 of the Indian Penal Code and

                      Sections 3(1)(r)(s)(g)(u) & 3(2)(5A) of the Scheduled Castes and

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Scheduled Tribes (Prevention of Atrocities) Act.



3.                I have heard the learned counsel for the appellants and

the learned APP for the respondent/State.



4.                This Court on 29.08.2023 passed the following order :

                  1.   The two Appellants are apprehending their

                  arrest in connection with C.R.No.132 of 2022,

                  registered with Taloja Police Station, which has

                  invoked Sections 504 and 506 of the Indian Penal

                  Code and Sections 3(1)(r)(s)(g)(u) and 3(2)(5A) of

                  the Scheduled Castes and the Scheduled Tribes

                  (Prevention of Atrocities) Act, 1989 (for short, “The

                  Atrocities Act”).

                       Appellant No.1 is a woman aged 75 years

                  and is a senior citizen, whereas Appellant No.2 is

                  informed to be a married woman, having a child of

                  four years. They are apprehending their arrest in

                  connection    with   the     subject   C.R.,   as   their

                  application came to be rejected by the Special

                  Court on the ground of bar under Section 18 of the
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                  Atrocities Act.

                  2.    Heard      learned    counsel         Mr.Patil   for     the

                  Appellants, who face strong opposition from the

                  learned A.P.P.

                        On perusal of the F.I.R., which has invoked

                  the provisions of the Atrocities Act, it is seen that

                  the   complainant          lodged      a      complaint,        on

                  01/05/2022, where the accusations are levelled

                  against Abhijit Maruti Patil, son of Appellant No.1

                  and it is stated that he hurled abuses at the

                  complainant on 30/04/2022 in the evening hours,

                  since a compound wall was erected by him around

                  his plot, which is abutting to the plot, where the

                  house of the Complainant is situated.

                        On    03/05/2022         i.e.        after   two       days,

                  supplementary       statement         of    the    Complainant

                  came to be recorded, wherein for the frst time, he

                  referred to an incident, which took place on the

                  very same date at 10.30 a.m., when Appellant

                  No.1 is alleged to have abused him in the name of

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                  caste and, thereafter, in the evening hours, it is

                  alleged that Abhijit Patil hurled the abuses at him.


                  3.    Prima facie, the supplementary statement

                  comes after a period of two days and the

                  witnesses whose statements are compiled in the

                  charge-sheet, for corroborating the Complainant,

                  are his close relations and there is not a single

                  independent witness.

                        Considering the fact that the Appellant No.1

                  is a septuagenarian and in the wake of the

                  improved version,which has surfaced through a

                  supplementary statement, when in the original

                  complaint, there is no reference to her and the

                  incident involving her is alleged to have taken

                  place in the morning hours of the date of the

                  incident, I deem it appropriate to protect Appellant

                  No.1 by the interim order, subject to her co-

                  operation in the investigation.


                        As far as Appellant No.2 is concerned, except

                  the    vague    statement     contained     in     the
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                  supplementary statement of the Complainant,

                  recorded on 03/05/2022, stating that despite the

                  complaint being lodged, mother and sister of

                  Accused No.1 continue the quibble and abuses,

                  there is no other material in the charge-sheet and

                  even she deserve protection from arrest.


                  4.    Hence, issue notice to respondent No.2,

                  making it returnable on 25/09/2023.


                        Notice     shall    be        served    through      the

                  Investigating Offcer, who shall apprise Respondent

                  No.2, about his right of being represented in the

                  Appeal, either by remaining present in the Court or

                  through    the   counsel       of    his   choice   or   seek

                  assistance from the Legal Aid.


                        Till Respondent No.2 is served and mark his

                  presence, the Appellants deserve the protection by

                  way of the following ad-interim order.


                                           :ORDER”

                       (a)   In the event of arrest in connection
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                       with C.R.No.132 of 2022 registered with

                       Taloja Police Station, Appellant No.1-Parvati

                       Maruti Patil and Appellant No.2- Vaijayanti

                       @ Vishranti Maruti Patil @ Vishranti Ganesh

                       Gaaykar    shall   be       released   on    bail

                       onfurnishing P.R. Bond to the extent of

                       Rs.25,000/- each, with one or more sureties

                       in the like amount.


                       (b)    The Appellants shall report to the

                       concerned police station on Thursday and

                       Friday between 3.00 p.m. and 5.00 p.m. for

                       a period of two weeks and, thereafter, as

                       and when called for.


                       (c)    The Appellants shall not directly or

                       indirectly make any inducement, threat or

                       promise to any person acquainted with the

                       facts of the case so as to dissuade him from

                       disclosing the facts to Court or any Police

                       Offcer and shall not tamper with evidence.

                  5.    Re-notify to 25/09/2023.
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5.                The learned counsel for the appellants submits that,

pursuant to the above order, the appellants attended the

concerned police station and co-operated in the investigation. It is

submitted that there is no need of custodial interrogation.


6.                The learned APP submits that, considering the nature of

offence, the appellants may not be released on anticipatory bail.


7.                It appears that the prosecution has already filed the

charge-sheet against the co-accused. Considering the overall facts

and circumstances, I am inclined to confirm the interim order

passed by this Court dated 29.03.2023. In the result, the following

order is passed :

                                   ORDER

              i)       The appeal is allowed.

              ii)      The order impugned is set aside.

              iii)   The interim order passed by this Court
              dated 29.08.2023 is hereby confirmed.

              iv)    The appellants shall attend the concerned
              police station as and when call by the
              investigation officer for the purpose of filing
              supplementary charge-sheet.


                                                  [N.R.BORKAR, J.]
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