Bombay High Court

MADHAVI MADHUKAR CHAVHANversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: Disposed Off

Holding

The writ petition is disposed of as the issues are academic, with the question of victim’s right to be heard left open for consideration in an appropriate case.

Summary

Madhavi Madhukar Chavhan filed a criminal writ petition seeking a writ of certiorari to quash a bail order dated 17 July 2025 that granted bail to Siddhesh Ashok Shirsat in Crime No.12 of 2025. The petitioner clarified that she was not challenging the bail order itself but was contesting the denial of an opportunity for the victim’s advocate to make oral arguments. The State argued that the bail application had already been disposed of, rendering the petition’s issues academic. The Court agreed that the bail order was final and the raised questions were academic, but noted that the question of a victim’s right to be heard in bail proceedings could be considered in a suitable future case. Consequently, the writ petition was disposed of without any relief.

Issues considered

Whether the victim’s advocate can be given an opportunity to make oral arguments in bail proceedings.
Whether a writ petition challenging a bail order can be entertained after the bail order has been executed and the matter is academic.

Subjects

bail
victim's rights
criminal procedure
writ of certiorari
academic issue
victim's advocate
High Court

Judgment

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6-WP-700-2026(CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CRIMINAL APPELLATE JURISDICTION

CR. WRIT PETITION NO. 700 OF 2026

Madhavi Madhukar Chavhan …...Petitioner
VERSUS
The State Of Maharashtra And Ors. …...Respondents
_________________________________________________________________

Mr. Asim Sarode (Through VC) a/w Mr. Sakalen Mujawar and Mr. Tushar
Sonule, for Petitioner.
Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos.1 to 3 – State.
_________________________________________________________________

CORAM : ASHWIN D. BHOBE, J.
Digitally
signed by
SHANTANU
SHANTANU SHANKARSA
DATE : 11th SEPTEMBER, 2026.
SHANKARSA DHUDUM
DHUDUM Date:
2026.09.15
17:20:29
+0530 P.C.

1. Heard Mr. Asim Sarode, learned Advocate for the Petitioner and

Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos.1 to 3 - State.

2. By the present Petition, the Petitioner has sought the following

substantial relief:

“A. Kindly issue a Writ of Certiorari or any other appropriate
Writ to quash and set aside the Order dated 17.07.2025
passed by the Additional Sessions Judge, Sindhudurg. In
Criminal Bail Application No.111 of 2025.”

Shantanu S. Dhudum
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6-WP-700-2026(CR).DOC

3. By order dated 17.07.2025 in Criminal Bail Application No.111

of 2025, Siddhesh Ashok Shirsat is granted bail in Crime No.12 of 2025

registered at Nivati Police Station.

4. The Petitioner has fairly made the following averments in

paragraph No.5 of the Petition.

“5. The petitioner respectfully submits that she is not challenging
the aforementioned bail order, it has been referred to and
annexed solely to provide background and highlight a
relevant fact. The main subject matter of the present
petition arises from the denial by the said Court of an
opportunity to the victim’s advocate to advance oral
arguments.”

5. Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos.1 to 3 -

State, submits that Bail Application No.111 of 2025 itself being disposed

of, the issue raised in this Petition are purely academic.

6. Admittedly, the Bail Application No.111 of 2025, in which the

Petitioner had sought intervention, has been disposed of and, Siddhesh

Ashok Shirsat is granted bail on 17.07.2025. Thus, the issues raised in this

Petition are academic.

7. Siddhesh Ashok Shirsat is not joined as a party to this Criminal

Writ Petition filed on 8.08.2026.

Shantanu S. Dhudum
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6-WP-700-2026(CR).DOC

8. In view of the above, Mr. Asim Sarode, learned Advocate for the

Petitioner, states that the question as to whether the victim can seek

intervention or be heard, as raised by the Petitioner in this Petition be left

open for consideration in an appropriate case.

9. Dr. Ashvini A. Takalkar, learned A.P.P. for Respondent Nos.1 to 3 -

State, does not oppose the request for leaving the questions raised in the

present Petition open.

10. In view of the above, the issues and questions raised in this

Petition are left open for consideration in an appropriate case.

11. Criminal Writ Petition No.700 of 2026 is disposed of.

( ASHWIN D. BHOBE, J.)

Shantanu S. Dhudum

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