SHIVGANGA MAHADEV SHIRSATH @ SHIVGANGA SHRIRAM MISALversusTHE STATE OF MAHARASHTRA AND ANR

                                                                  4-ABA-1580-2026.doc

vaishnavi

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                      ANTICIPATORY BAIL APPLICATION NO. 1580 OF 2026


            Shivganga Mahadev Shirsath
            @ Shivganga Shriram Misal                              ...Applicant
                       V/s.
            State of Maharashtra and Anr.                          ...Respondents


            Mr. Shekhar Jagtao a/w Mr. Ajinkya Jagdale, for the Applicant.

            Ms. Megha S. Bajoria, APP for the Respondent – State.

            Mr. Pradip Ambivale, ASD, Vishnu Nagar Police Station,
            Dombivali, Dist. Thane, is present.


                              CORAM : PRAFULLA S. KHUBALKAR, J.
                              DATE : 23rd SEPTEMBER, 2026.
            P.C. :-

            1.           Heard the learned counsel for applicant as well as learned

            APP for respondent.

            2.           The instant application is filed under Section 482 of

            Bharatiya Nagarik Suraksh Sanhita, 2023 (for short, “BNSS”). The

            applicant is apprehending arrest in Crime No. 168 of 2026 dated

            01.06.2026, registered with Vishnu Nagar Police Station, Dombivali,

            Dist. Thane, for offence punishable under Section 108 of Bharatiya

            Nyaya Sanhita, 2023 (for short, “BNS”).


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3.         The FIR is registered on the basis of report lodged by the

complainant alleging that this applicant who is wife of the deceased

had abated suicide of the deceased, who was brother of the

complainant.

4.         Learned counsel for applicant submits that applicant is a

lady Police Constable serving at ACP Office, Dombivali Division,

Dombivali (West), Dist. Thane. It is pointed out that the alleged

offence has occurred in April-2026 and the FIR is registered on

01.06.2026, on the basis of the allegations made by the brother of the

deceased. He submits that there is nothing to show any act of

abetment of suicide on the part of the applicant and thus the applicant

is falsely implicated. This apart, learned counsel for the applicant, on

instructions, makes a statement that the applicant is ready to

cooperate the investigating agency by surrendering her mobile phone

and giving her voice sample as required by the Investigating Officer.

5.         The learned counsel for applicant submits that in

accordance with interim protection order dated 18 th June 2026, this

applicant has joined the investigation and attended the Police Station

and therefore prays for confirmation of interim protection. He also

states that charge sheet is filed and there is no question of recovery

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from this applicant.

6.         The learned APP submits that there are allegations in the

FIR about abatement of suicide by this applicant. She however does

not dispute contention that charge sheet is already filed and this

applicant has joined the investigation by attending the Police Station.

7.         Considering the nature of the allegations against the

applicant and on perusal of FIR, it appears that the offence is

registered after delay of about 35 days. The applicant is a lady Police

Constable in service and hence her presence can be secured by

directing her to report to the investigating officer. In view of all these

aspects, the personal liberty of the applicant needs to be protected, at

this stage, by granting pre-arrest bail.

8.         In view of the fact that now the charge sheet is filed and

this applicant has attended the Police Station in accordance with

interim protection order, the interim protection is hereby confirmed

on the same conditions, by modification of condition No. 5 that the

applicant shall attend the Police Station as and when called upon.

9.         Anticipatory Bail Application is allowed and disposed of.



                                           (PRAFULLA S. KHUBALKAR, J.)




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