MAHIPAL SHAM CHAVANversusSTATE OF MAHARASHTRA AND ORS

                                                                                  10-WP-4713-2026.doc


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

                                      CRIMINAL WRIT PETITION NO.4713 OF 2026

                      Mahipal Sham Chavan                                        ... Petitioner
                            Vs.
                      The State of Maharashtra And Ors.                          ... Respondents

SHARADA
RANGNATH                                                 ****
WAHULE
Digitally signed by
SHARADA
                      Mr. P. B. Shah i/b Kayval P. Shah, Advocate for the Petitioner.
RANGNATH WAHULE
Date: 2026.09.28
11:15:02 +0530
                      Ms. M. M. Deshmukh, APP for Respondent-State.
                                                           ****

                                            CORAM :     SARANG V. KOTWAL AND
                                                        RANJITSINHA RAJA BHONSALE, JJ.
                                            DATE    :   23rd SEPTEMBER 2026
                      P.C.:

                      1.        The Petitioner’s wife is detained pursuant to the detention order

                      dated 18th August 2026 passed by Respondent No. 3, the Commissioner

                      of Police.


                      2.        The Petitioner had earlier approached this Court by filing Writ

                      Petition No. 4272 of 2026, raising a grievance that the documents and

                      grounds of detention had not been served upon the Petitioner. However,

                      the learned APP had filed an affidavit stating that all the documents and

                      grounds of detention had been served upon the detenue. The said

                      contention was recorded in the order dated 31 st August 2026. In view of

                      the said affidavit, the Petitioner did not press the said Petition and

                      sought liberty to file a substantive Petition challenging the detention




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                      Sharada
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order.


3.        However, the present Writ Petition has been filed seeking limited

relief, namely, a direction to provide copies of the documents and

grounds of detention. Learned counsel for the Petitioner submitted that

the Petitioner and his wife are illiterate and, therefore, they are not in a

position to ascertain whether the grounds of detention and the relevant

documents were served upon the Petitioner or not. Without entering

into the said controversy, learned counsel submitted that, in the interest

of justice, the Respondents may be directed to provide copies of the said

documents and grounds of detention to the learned Advocate for the

Petitioner. The request is reasonable and is made in the interest of

justice. Hence, the following order:


                                       ORDER


(i)       The Respondents shall hand over the grounds of detention and

copies of the relevant documents to the Advocate on Record for the

Petitioner within a period of one week from today.


(ii)      It is made clear that this order is passed by way of indulgence and

shall not be construed as a ground for contending that the grounds of

detention were not served at the time of detention. It is further made

clear that we have not recorded any finding as to whether the Petitioner

and his wife are illiterate.



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(iii)     The direction issued herein is only in the interest of justice, and

the Respondents are directed to provide the said documents to the

learned Advocate on Record for the Petitioner within a period of one

week. The learned Advocate on Record shall acknowledge receipt of the

grounds of detention and the relevant documents.




(RANJITSINHA RAJA BHONSALE, J.)                   (SARANG V. KOTWAL, J.)




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Sharada