SHETIBA MAGARDAS PAWARversusTHE STATE OF MAHARASHTRA AND ORS.

                                                     904 - ABA - 411 - 2026.doc


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                 CRIMINAL APPELLATE JURISDICTION

      CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 411 OF 2026

Shetiba Magardas Pawar                         … Applicant
             Versus.
The State of Maharashtra & Ors.                … Respondents

                                 -------
Mr. Hrishikesh S. Shinde for the Applicant.
Mr. Nitin B. Patil, APP for the State.
Mr. Surjeet Nair for Respondent No.2. (Appointed through
Legal Aid).
Mr. Kiran Patil, API, Mohol Police Station, Solapur Gramin,
is present.
                                 -------

                               CORAM       : ASHWIN D. BHOBE, J.

                               DATED       : SEPTEMBER 8, 2026
P.C.:


1.      Heard, Mr. Hrishikesh S. Shinde, learned Advocate for the

Applicant, Mr. Nitin B. Patil, learned APP for the State and Mr. Surjeet

Nair, learned Advocate for Respondent No. 2.

2.      By this Application filed under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023, the Applicant seeks pre-arrest bail,

apprehending arrest in connection with Crime No. 209 of 2026

registered at the Mohol Police Station, District Solapur Gramin, for

offences punishable under Sections 69, 89, 64(1) and 351(3), read with

Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.



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3.    On 3rd August 2026, the following order was passed:

      “1.   Issue notice to the Respondents, returnable on 24.08.2026. Learned
      APP waives service of notice for Respondents/State.
      2.      The learned Counsel for the Applicant submits that the Applicant is
      the uncle of the main accused, Abhishek Pawar, and that his alleged role is
      attributed only to administering a pill for the purpose of abortion, leading to
      the illegal termination of pregnancy. The Applicant has no criminal
      antecedents and is ready to abide by any conditions that may be imposed by
      this Court. Hence, the Applicant may be protected.
      3.      Taking into consideration that the aforesaid submissions, I inclined to
      protect the Applicant till the investigation papers are received, subject to
      certain conditions. Hence the following order:
                                           ORDER
      (a)     In the event of arrest of the Applicant - Shetiba Magardas Pawar in
      connection with Crime No.209/2026 registered with Mohol Police Station,
      District Solapur Gramin for the offence punishable under Sections 69, 89,
      64(1), 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023, be
      released on bail on furnishing PR. bond of Rs.50,000/- (Rupees Fifty
      Thousands) with two solvent sureties in the like amount, on the following
      conditions :
      (b)     The Applicant is directed to attend Mohol Police Station, District
      Solapur Gramin on every Friday and Saturday between 11:00 am. to 02:00
      pm. and co-operate with the Investigating Officer until further orders.
      (c)    The Applicant shall not tamper with the evidence and shall not
      pressurize the prosecution witnesses, in any manner.
      (d)     The Investigating Officer shall make the investigation papers available
      for perusal of this Court.
      4.      Needless to say, violation of any of the aforesaid conditions may
      entitle the prosecution to seek vacation of the interim relief granted herein
      above.
      5.      The learned APP is requested to intimate the victim about the
      pendency of the proceedings and submit an acknowledgment on the next date
      of hearing.
      6.     Stand over to 24.08.2026.”


4.    Mr. Hrishikesh S. Shinde, learned Advocate for the Applicant,

states that the Applicant has co-operated with the Investigating Officer

and appeared before the Investigating Officer on the dates fixed. He

further submits that the Applicant shall continue to co-operate with the



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Investigating Officer.

5.    Mr. Nitin B. Patil, learned APP for the State, submits that the

Applicant's involvement in the crime consists of administering a pill for

abortion and further threatening her not to disclose the incident. He

submits that the Applicant has appeared before the Investigating Officer

and co-operated with the investigation.

6.    Mr. Surjeet Nair, learned Advocate for Respondent No. 2, on

instructions from Respondent No. 2, who he states is present in Court,

submits that the allegations made by Respondent No. 2 against the

Applicant (Shetiba Magardas Pawar) arose from a misunderstanding.

7.    Considering the nature of the allegations against the Applicant

and the absence of any allegation that the Applicant was involved in

any sexual offence against Respondent No. 2 and in light of the

statement made by Mr. Surjeet Nair, learned Advocate for Respondent

No. 2, on instructions from Respondent No. 2, the custodial

interrogation of the Applicant is not necessary.

8.    In view of the above, the order dated 3 rd August 2026 is

confirmed and made absolute in terms of Condition Nos. 3(a) and (c),

with the following additional conditions:

Additional Conditions:

      (a)    The Applicant shall appear before and report to the

      Investigating Officer, Mohol Police Station, District Solapur



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                          Gramin, as and when required by the Investigating Officer

                          investigating Crime No. 209 of 2026;

                          (b)   The Applicant shall provide the Investigating Officer at

                          Mohol Police Station, District Solapur Gramin, with his residential

                          address and proof thereof, his contact number and must inform

                          the Investigating Officer, of any changes to this information from

                          time to time.

                    9.    This Court, by order dated 7th September 2026, appointed Mr.

                    Surjeet Nair to represent Respondent No. 2 under the Legal Aid

                    Scheme. He has represented Respondent No. 2 in the present

                    Application, which is disposed of today. The High Court Legal Services

                    Committee shall quantify and pay the fees of Mr. Surjeet Nair, learned

                    Advocate for Respondent No. 2, as per the rules under the Legal Aid

                    Scheme.

                    10.   Criminal Anticipatory Bail Application No. 411 of 2026 is

                    disposed.




                                                              (ASHWIN D. BHOBE, J.)
       Digitally
       signed by
       VAIBHAV
VAIBHAV RAMESH
RAMESH JADHAV
JADHAV Date:
       2026.09.08
       20:10:00
       +0530




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