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
- Indian Penal Code, 1860 — s. 306, 34
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
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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
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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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