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Bombay High Court

MAINODDIN MD. RAFIQUE HATTUREversusSTATE OF MAHARASHTRA

Disposal
Disposed Off

Holding

The Court confirmed the interim bail order of 3 July 2023 and made the bail conditions absolute, thereby granting anticipatory bail to the applicant.

Summary

The applicant, Mainoddin Md. Rafique Hatture, sought anticipatory bail after being implicated in a case (C.R. No.626 of 2022) under Section 366 read with Section 34 of the IPC, alleging forced marriage of a 19‑year‑old girl. The trial court had granted interim bail on 3 July 2023 with specific conditions, including furnishing a personal bond and reporting to the investigating officer. The applicant complied with the conditions, appeared before the investigating officer, and subsequently before the Sessions Court where the charge‑sheet was filed as Sessions Case No.71 of 2025. No breach of bail conditions was alleged, and the State did not contest the applicant’s regular appearance. The High Court, after considering the applicant’s compliance, confirmed the earlier order and converted the interim bail conditions into absolute bail, effectively granting the anticipatory bail application. The application was thereafter disposed of.

Issues considered

  • Whether the applicant is entitled to conversion of interim anticipatory bail into absolute bail
  • Whether the conditions imposed under the interim bail order have been breached
  • Whether the State’s lack of objection warrants confirmation of the bail order

Legislation cited

Subjects

  • anticipatory bail
  • section 366 IPC
  • section 34 IPC
  • bail conditions
  • criminal procedure

Judgment

                                                                      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


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          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.



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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.




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              6.      Anticipatory Bail Application No. 1718 of 2023 disposed of.



                                                           (ASHWIN D. BHOBE, J.)




        Digitally
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.09.28
        21:35:14
        +0530




              Arjun                            4


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