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Bombay High Court

DEVIDAS DATTARYA MIRAJAKARversusSTATE OF MAHARASHTRA

Disposal
Disposed Off

Holding

The Court disposed of the anticipatory bail applications as the charge‑sheet is filed and custodial interrogation is not required.

Summary

The applicants, relatives of a deceased, filed anticipatory bail applications (Nos. 2568 and 2578 of 2023) for alleged offences under Section 306 read with Section 34 of the IPC. The complaint was lodged two years after the alleged incident, and the investigating officer had already completed the investigation and filed a charge‑sheet (R.C.C. No.1503 of 2023). The State, through its A.P.P., argued that since the charge‑sheet is pending before the trial court, custodial interrogation of the applicants is unnecessary. The Court noted the delay in filing the complaint and the completion of investigation, and held that there is no justification to keep the applications pending. Consequently, both anticipatory bail applications were disposed of, meaning the applicants will not be arrested pending further orders.

Issues considered

  • Whether anticipatory bail should be granted when there is a two‑year delay in filing the complaint against the applicants.
  • Whether custodial interrogation is required after the charge‑sheet has been filed and the case is pending before the trial court.

Legislation cited

Subjects

  • anticipatory bail
  • delay in complaint
  • charge sheet
  • custodial interrogation
  • IPC Section 306
  • IPC Section 34
  • criminal procedure

Judgment

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                                                              12-ABA-2568-2023 AND 13- ABA- 2578-2023(CR).DOC


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIRCUIT BENCH AT KOLHAPUR

                                              CRIMINAL APPELLATE JURISDICTION

                                       CR. ANTICIPATORY BAIL APPLN. NO. 2568 OF 2023

                          Kantabai Dattarya Mirajakar And Ors.                         …...Applicants
                                VERSUS
                          State Of Maharashtra                                          …...Respondents

                                                                WITH

                                       CR. ANTICIPATORY BAIL APPLN. NO. 2578 OF 2023

                          Devidas Dattarya Mirajakar                                      …...Applicant
                                VERSUS
                          State Of Maharashtra                                           …...Respondent

                          _________________________________________________________________
          Digitally
          signed by
          SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM    Date:
          2026.09.23
                          None for Applicants.
          20:08:27
          +0530

                          Mr. Anand Subhash Shalgaonkar, A.P.P., for the Respondent-State, in both
                          Applications.
                          _________________________________________________________________



                                              CORAM       :     ASHWIN D. BHOBE, J.
                                              DATE        :     23rd SEPTEMBER, 2026.
                          P.C.


                          1.          None present for the Applicants.


                          2.          Heard Mr. Anand Subhash Shalgaonkar, learned A.P.P. for the

                          Respondent – State.




                 Shantanu S. Dhudum
                                                2/4
                                            12-ABA-2568-2023 AND 13- ABA- 2578-2023(CR).DOC


         3.           Mr. Anand Subhash Shalgaonkar, learned A.P.P. for the

         Respondent – State, submits that the subject matter of these Criminal

         Anticipatory Bail Applications is Crime No.483 of 2023 registered with

         M.I.D.C. Police Station, Solapur, for the offences punishable under Section

         306 read with Section 34 of the Indian Penal Code, 1860 (for short, “IPC”).

         He submits that both these Applications arise out of the same crime and,

         therefore, both these Applications may be disposed of by a common order.


         4.           On 20th September 2023, the following order was passed in

         Anticipatory Bail Application No.2568 of 2023:


               “. Not on board. Taken on board.

               2. Heard learned counsel for applicants and learned APP.

               3. There is delay of two years in filing the complaint against the
                     applicants. Applicants are relatives of husband of deceased.

               4. Learned APP seeks time to take instructions. At her request,
                     stand over to 9th October 2023.

               5. As there is delay of two years in filing complaint, I pass the
                     following order:

               (i) Applicants shall not be arrested till next date.”




         5.           On 14th September 2023, the following order was passed in

         Anticipatory Bail Application No.2578 of 2023:


                “1. Heard learned counsel for the applicant and learned APP.

Shantanu S. Dhudum
                                                3/4
                                            12-ABA-2568-2023 AND 13- ABA- 2578-2023(CR).DOC


                2. There is delay of two years in filing the complaint against
                     the applicant. Deceased was the wife of applicant.

                3. Learned APP seeks time to take instructions. At her request,
                     stand over to 9th October 2023.

                4. As there is delay of two years in filing complaint, I pass the
                     following order:

                (i) Applicant shall not be arrested till next date.”

         6.          These   Applications   are    pending    since    the   year   2023.

         Notwithstanding the absence of the Advocate for the Applicants, with the

         assistance of Mr. Anand Subhash Shalgaonkar, learned A.P.P. for the

         Respondent – State, these matters are taken up for disposal.


         7.          Mr. Anand Subhash Shalgaonkar, learned A.P.P. for the

         Respondent – State, submits that the Applicants have appeared before the

         Investigating Officer and have cooperated with the investigation in Crime

         No.483 of 2023. He submits that the investigation in the said crime is

         complete and the charge-sheet has been filed before the Trial Court having

         jurisdiction, and the same is now registered as R.C.C. No.1503 of 2023. He,

         on instructions from the Investigating Officer, submits that, as the charge-

         sheet has been filed and the same is pending before the Trial Court, the

         custodial interrogation of the Applicants in Crime No.483 of 2023 is not

         required.




Shantanu S. Dhudum
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                                           12-ABA-2568-2023 AND 13- ABA- 2578-2023(CR).DOC


         8.          Based on the statement made by Mr. Anand Subhash

         Shalgaonkar, learned A.P.P. for the Respondent – State, that the custodial

         interrogation of the Applicants is not required in Crime No.483 of 2023,

         these Applications can be disposed of.


         9.          In view of the above, Anticipatory Bail Application Nos.2568 and

         2578 of 2023 are disposed of.




                                                       ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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