Pravin Arjun Pardeshi (Nagare) And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:15106-DB criappln-2962-2023

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 902 CRIMINAL APPLICATION NO. 2962 OF 2023 PRAVIN ARJUN PARDESHI (NAGARE) AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ....

Advocate for Applicants : Mr. Balraj P. Pande Advocate General for Respondent No.1-State : Mr. Birendra Saraf a/w Public Prosecutor Mr. A.B. Girase Advocate for Respondent No.2 : Mr. S.P. Koli ....

CORAM : SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ.

Dated : 13th June 2025 PER COURT :- 1.

In view of our earlier orders, now the learned Advocate General Mr. Birendra Saraf, who is joining through video conferencing, submits that the suggestions have been taken care of and therefore, a notification would be issued and a draft has been made available, especially as regards the constitution of Bharosa Cell is concerned. Care has been taken as to how its constitution would be and how the training would be given to those personnel. 2.

We have gone through the proposed amendment to the notification and we are satisfied that the care has been taken to constitute a Bharaso Cell in each district and also the training to be

criappln-2962-2023 given to those personnel. Hope the module for training would then be separately issued. Further specific procedure has been then laid down which would be adopted by Bharosa Cell, especially on the point that either the consent of wife/husband or consent of both would be taken for the process before the Bharosa Cell and thereafter, the entire process would be confidential in nature.

3.

We have also noted earlier that the entire scheme under Bharosa Cell is based on mediation mechanism and confidentiality is an integral part of mediation process. Now it is taken care of and therefore, we are of the opinion that the proposed amendment would be useful for the functioning of Bharosa Cell and upon the implementation of the notification, each Bharosa Cell would function in such a manner as per the procedure laid down. The Government may go ahead with the notification.

4.

We have also passed the order as regards the reliefs in the criminal application. With these observations, now, we close the proceedings.

[ SANJAY A. DESHMUKH ] JUDGE [ SMT. VIBHA KANKANWADI ] JUDGE asd