Shubham Dashrath Jadhav v. District Magistrate Beed And Others

2025:BHC-AUG:31686-DB ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944 CRIMINAL WRIT PETITION NO. 1533 OF 2025 SHUBHAM DASHRATH JADHAV

VERSUS

DISTRICT MAGISTRATE BEED AND OTHERS .....

Advocate for the Petitioner : Mr. Rupesh Anil Jaiswal APP for Respondents/State : Mr. V.M. Jaware .....

CORAM : SANDIPKUMAR C. MORE & Y.G. KHOBRAGADE, JJ.

DATE :

19th November, 2025 P.C. :- 1.

Heard rival submissions.

2.

By way of this petition, the Petitioner who is detenu and at present detained at Central Jail, Ch. Sambhajinagar from 18.08.2025 for a period of one year. Admittedly, his detention order was challenged before this Court and it stood confirmed. Now the Petitioner is seeking his temporary release for a period of 15 (Fifteen) days starting from 17.11.2025 till 03.12.2025 as per Section 15 of the Maharashtra Prevention of Dangerous Activities (MPDA) Act, 1981 on account of marriage of his younger sister-Jayshri which is slated to be performed on 23.11.2025. Further, it was revealed that his similar application was

( 2 ) pending before the Government but the same was rejected on 13.11.2025 by considering the report of the Collector. The said order is also under challenge in this petition by way of amendment. 3.

Vide order dated 06.11.2025 the learned APP had undertaken to take instructions about the aforesaid pending application, which was subsequently rejected. Today, the learned APP has placed on record communication dated 18.11.2025 issued by the A.S.I., Varangaon Police Station, Bhusawal and on perusal of the same it is apparent that the marriage of sister of Petitioner is going to be performed on 23.11.2025 at Limbe Jalgaon, Dist. Ch. Sambhajinagar which comes under the jurisdiction of Waluj Police Station. As such, there is no dispute that the said marriage is to be performed.

4.

The Petitioner is seeking his temporary release under Section 15 of the Maharashtra Prevention of Dangerous Activities (MPDA) Act, 1981, wherein such release is made permissible upon imposing certain conditions mentioned therein. The learned counsel for the Petitioner also relied on the order of this Court dated 29.01.2024 in Criminal Writ Petition No.189/2024, wherein this Court released the Petitioner therein for certain period by imposing necessary conditions. Thus, we are of the opinion that at least for attending the marriage of his sister the Petitioner can be

( 3 ) released temporarily on imposing certain conditions. However, we are of the opinion that considering the confirmation of his detention order at the hands of this Court, we deem it appropriate to release the Petitioner only for 5 (Five) days instead of 15 days as prayed. As such, we are passing the following order:

ORDER:

i.

The Respondent No.3 is directed to release the Petitioner for a temporary period of 5 (Five) days starting from 20.11.2025 at 10.00 a.m. till 24.11.2025.

ii.

The Petitioner shall surrender himself before the Respondent No.3 at 5.00 p.m. on 24.11.2025.

iii.

During the aforesaid period he shall not leave the territorial limits of Ch. Sambhajinagar City and shall attend the Waluj Police Station every day at 9.00 a.m.

iv.

The Petitioner shall not commit any act of breach of peace during the said period and he shall furnish PR bond of Rs.15,000/- with surety in the like amount which is to be accepted by Respondent No.3. v.

The learned APP is directed to communicate this order to the Respondents and the parties shall act upon an authenticated copy of this order.

5.

The petition is accordingly disposed of.

[Y.G. KHOBRAGADE, J.] [SANDIPKUMAR C. MORE, J.] mubashir