DHANAJI ANANDA DESAIversusSTATE OF MAHARASHTRA AND ANR

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                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        Digitally
        signed by
        VAIBHAV
VAIBHAV RAMESH
                                      CIRCUIT BENCH AT KOLHAPUR
RAMESH JADHAV
JADHAV Date:
        2026.08.24
        17:03:37
        +0530
                                    CRIMINAL APPELLATE JURISDICTION

                                      CRIMINAL APPEAL NO. 430 OF 2025

                     Dhanaji Ananda Desai                             …Appellant
                                 V/s.
                     State of Maharashtra And Anr                     …Respondents

                     Mr. Samay Pawar (through V.C.) and Mr. Vaibhav Halake for
                     the Appellant.
                     Ms. Shubhangi N. Deshmukh, APP for the State.
                     Ms. Deepti Chand (through V.C.) for Respondent No.2
                     (appointed through legal aid).
                     Ms. Meera Mahamune, P.S.I., Chiplun Police Station,
                     Ratnagiri is present.


                                                     CORAM : ASHWIN D. BHOBE, J.
                                                     DATE  : AUGUST 21, 2026.
                     Oral Order:-


                     1.    Heard Mr. Samay Pawar, learned Advocate for the Appellant, Ms.

                     Deepti Chand, learned Advocate for Respondent No. 2 and Ms.

                     Shubhangi N. Deshmukh, learned APP for the State.


                     2.    By consent of the parties, this Appeal is finally heard.


                     3.    By this Appeal under Section 14A of the Scheduled Castes and

                     the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“SCST Act

                     1989”), the Appellant seeks bail, apprehending arrest in connection

                     with Crime No. 59 of 2025, dated 15 th March 2025, registered at
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Chiplun Police Station for offences punishable under Sections 75(1)(iv)

and 79 of the Bharatiya Nyaya Sanhita, 2023 and Section 3(1)(r) of the

SCST Act 1989.


4.    On 30th April 2025, the following order was passed:-

      “1.    Heard learned counsel for the appellant and learned APP for
      respondent No.1-State.

      2.     It appears from the FIR that the dispute is about affairs in school.
      Considering this fact, learned APP seeks time to take instructions.

      3.     Issue notice to respondent No.2 returnable on 12th June 2025.

      4.      In the meantime, in the event of arrest, the appellant be released on
      bail on execution of P.R. Bond in the sum of Rs. 25,000/- with one or two
      sureties in the like amount.

      5.     Learned counsel for the appellant, on instructions, submitted that the
      appellant will not take any action against respondent No.2 and all the notices
      issued will be withdrawn.”



5.    Mr. Samay Pawar, learned Advocate for the Appellant, states that

the Appellant has appeared before the Investigating Officer and has

fully cooperated with the investigation in Crime No. 59 of 2025. Mr.

Samay Pawar states that he has complied with the statement recorded

in the order dated 30th April 2025.


6.    Mr. Samay Pawar, learned Advocate for the Appellant, states that

the investigation is complete, the charge-sheet has been filed in Crime

No. 59 of 2025, that the same is registered as Special Case No. 17 of

2025 and that it is pending before the Special Court, Additional

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Sessions Judge, Chiplun (“Trial Court”) for adjudication. Mr. Samay

Pawar further states that the Appellant has submitted to the jurisdiction

of the Trial Court by executing a P.R. Bond and furnishing sureties. He

further states that the Trial Court has framed the Charge in Special Case

No. 17 of 2025.


7.    Ms. Shubhangi N. Deshmukh, learned APP for the State, tenders a

copy of the Report dated 21st August 2023 of the Respondent No. 1, the

same is taken on record and marked with “X” for identification.


8.    Ms. Shubhangi N. Deshmukh, learned APP for the State, on

specific instructions and by relying on the Report dated 21 st August

2023 (“X”), states that the Appellant has cooperated with the

investigation and that his custodial interrogation is not required in

connection with Crime No. 59 of 2025 registered with Chiplun Police

Station. She submits that the charge-sheet has been filed in Crime No.

59 of 2025 and that the same is registered as Special Case No. 17 of

2025. She submits that the condition of the Appellant regularly

appearing before the Trial Court in Special Case No. 17 of 2025 be

imposed.


9.    Ms. Deepti Chand, learned Advocate appearing for Respondent

No. 2, submits that the Appellant would repeat the offence. She further

submits that the Appellant has committed the offence and therefore
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opposes the grant of pre-arrest bail to the Appellant.


10.   Mr. Samay Pawar, on instructions from the Appellant, states that

the Appellant shall regularly appear before the Trial Court in Special

Case No. 17 of 2025 whenever the matter is fixed. Statement accepted.


11.   In view of the statements made by Mr. Samay Pawar, learned

Advocate for the Appellant and the statements made by Ms. Shubhangi

N. Deshmukh, learned APP for the State, I deem it fit and proper to

confirm the order dated 30th April 2025 passed by this Court and make

the same absolute in terms of paragraph 4 thereof, on the following

additional condition:


      (a)    The Appellant shall regularly appear before the Trial Court

             in Special Case No. 17 of 2025, unless specifically

             exempted from such appearance by the Trial Court. If the

             Appellant fails to appear before the Trial Court on the date

             fixed in Special Case No. 17 of 2025, the Trial Court will be

             at liberty to pass appropriate orders.


      (b)    The Appellant shall not, directly or indirectly, induce,

             threaten, influence, or attempt to influence any person

             acquainted with the facts of the case to dissuade that

             person from disclosing those facts to the Court or to any

             police officer, and shall not tamper with or interfere with
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            the witnesses in any manner whatsoever.


12.   Criminal Appeal No. 430 of 2025 is allowed.




                                              (ASHWIN D. BHOBE, J.)




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