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Bombay High CourtBA/1074/2024dissmiss for defaultnonprosecution

Tamil Selvan Marimuttu Harijan v. State Of Maharashtra And ANR

2026-02-20Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

Shivgan 22-BA-1074-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1074 OF 2024 Tamil Selvan Marimuttu Harijan ...Applicant

Versus

State of Maharashtra & Anr.

...Respondents

None for the Applicant.

Mr. Mayur S. Sonavane, APP for the Respondent Nos.1 and 2. Mr. Sumedh Modak (V/C), for the Respondent No.3. Mr. Deshmukh, PSI attached to Sahar Police Station, present.

CORAM

DR. NEELA GOKHALE, J.

DATED:

20th FEBRUARY 2026 PC:- 1.

None appears for the Applicant.

2.

On 19th November 2025, Ms. Sana Shaikh, learned counsel appearing for the Applicant, sought time in the matter and she also requested for a copy of the statement of the Victim recorded under Section 164 of Code of Criminal Procedure, 1973.

20th February 2026

Shivgan 22-BA-1074-2024.doc 3.

Mr. Modak, learned counsel appointed to represent the Respondent No.3-Victim, was also directed to be given DNA Report as well as the case status Report by the learned APP. 4.

Thereafter, on 19th December 2025, none appeared for the Applicant. Even on 6th February 2026, none had appeared for the Applicant.

5.

Today, Mr. Modak and Mr. Mayur Sonavane, learned APP representing the State in the matter, have tendered the examination report pertaining to the DNA analysis of the baby born to the Victim and the Accused, i.e., the present Applicant. The said report is taken on record. As per the opinion of the Chemical Analyst Expert, the Victim and the Applicant are concluded to be the biological parents of the baby, who is now deceased.

6.

In these circumstances, the present Bail Application is dismissed and stands disposed of.

(DR. NEELA GOKHALE, J) SHAMBHAVI NILESH SHIVGAN SHAMBHAVI NILESH SHIVGAN Date: 2026.02.20 18:52:16 +0530 20th February 2026