SHIVAJI MAHADEV SAWANTversusSTATE OF MAHARASHTRA AND ANR

                                1          12-APEAL-1130-25.doc



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION
               CRIMINAL APPEAL NO.1130 OF 2025

Shivaji M. Sawant                                       … Appellant
            Vs.
The State of Maharashtra & Anr.                … Respondents

                                -----
Mr. Viresh V. Purwant a/w. Mr. Suraj V. Gadkari for the Appellant.
Mr. P.H. Gaikwad, APP for the Respondent/State.
Ms Vilasini Subramanian, Appointed Advocate for Respondent
No.2.
                                -----
                                   CORAM : N.R. BORKAR, J.
                                   DATE    : 31st JULY 2026.
P.C. :
1.        This appeal under Section 14-A of the of the Scheduled
Caste and the Scheduled Tribes (Prevention of Atrocities) Act (for
short “SC & ST Act”) takes exception to the order dated 7th
November 2025 passed by the learned Additional Sessions
Judge, Vadgaon Maval, Pune in Miscellaneous Criminal Bail
Application No. 373 of 2025.


2.        By the order impugned, learned Additional Sessions Judge
has rejected the application for anticipatory bail filed by the
present appellant, who is apprehending his arrest in C.R. No.288
of 2025 registered at Shirgaon-Parandvadi Police Station, Pimpri
Chinchwad for the offences punishable under Sections 64 (2)
(m), 70(1), 88, 115(2), 127(3), 351(2), 352, 3(5) of the Bharatiya
Nyaya Sanhita, 2023 (BNS) and Sections 6, 3(1)(r), 3(1)(s), 3(1)
(w) and 3(2)(va) of the SC & ST Act.


     Dinesh                                                           1 of 4
                                 2          12-APEAL-1130-25.doc



3.        I have heard the learned counsel for the appellant, learned
APP for the State and the learned counsel for respondent
No.2/first informant.


4.        Learned counsel for the appellant submits that there is a
matrimonial dispute between the parties. It is submitted that the
first informant who belongs to Scheduled Caste, taking benefit
of the said fact, has made the false allegation against the
present appellant and other co-accused that they assaulted her
and abused her on her caste. It is submitted that prior to
registration of the present crime, the first informant had lodged
the report with Sinnar Police Station, Nashik Rural on 12 th July
2025. It is submitted that on the basis of said report, Sinnar
Police Station has registered Crime No. 427 of 2025 against the
appellant for the offences punishable under Section 352, 351(1)
and 115(2) and 85 of the BNS. It is submitted that in the said
report no allegations were made in respect of the offences under
the SC and ST Act. It is submitted that due to matrimonial
dispute false allegations are made against the appellant with a
view to involve him in the serious offence.


5.        On the other hand learned APP for the respondent/State
and the learned counsel for respondent No.2 submits that the
appellant is involved in serious crime. Learned counsel for
respondent No.2 submits that the first FIR was not registered as
per the version of the first informant and thus she was
compelled to lodge the present FIR. It is further submitted that


     Dinesh                                                        2 of 4
                                    3           12-APEAL-1130-25.doc



in view of the bar contained under Sections 18 and 18A of the
SC & ST Act, the present appeal may not be entertained.


6.        Learned counsel for respondent No.2 submits that after
this Court granted the interim protection to the appellant and
other co-accused, they threatened the first informant. In support
of the said submission, she has drawn my attention to the report
lodged by the first informant with Azad Nagar Police Station. It is
submitted that considering the nature of allegations, the
appellant may not be released on anticipatory bail.


7.            I have perused the first FIR dated 12 th July 2025 and the
FIR in the present crime. Prima-facie, there appears to be
substance in the submission of the learned counsel for the
appellant that the present FIR is lodged with a view to involve
the appellant in more serious offences. Considering the overall
facts and circumstances, I am inclined to release the appellant
on anticipatory bail on certain conditions. In the result, the
following order is passed:
                                  ORDER
         (a)      The Appeal is allowed.

         (b)      The impugned order is set aside.

         (c)      In the event of arrest of the appellant in C.R. No. 288
         of 2025 registered at Shirgaon-Parandvadi Police Station,
         Pimpri Chinchwad for the offences punishable under
         Sections 64 (2) (m), 70(1), 88, 115(2), 127(3), 351(2), 352,



     Dinesh                                                            3 of 4
                                 4            12-APEAL-1130-25.doc



    3(5) of the BNS and Sections 6, 3(1)(r), 3(1)(s), 3(1)(w) and
    3(2)(va) of the SC & ST Act, he shall be released on
    anticipatory bail on furnishing P.R. Bond in the sum of
    Rs.25,000/- with one or two sureties in the like amount.

    (d)   The appellant shall not enter into the limits of district
    Pune till conclusion of trial, except to attend the dates
    before the trial court.

    (e)   The appellant shall furnish their contact numbers and
    residential address to the concerned police station.

    (f)   The appellant shall not tamper with the prosecution
    evidence.

    (g)   Liberty is granted to the prosecution and the first
    informant   to   file   an       application   for     cancellation     of
    anticipatory bail, if the aforesaid conditions are breached.




                                                   (N.R. BORKAR, J.)




Dinesh                                                                    4 of 4