Vaishali Mahesh @ Masuram Kachre And Others v. The State Of Maharashtra And Another

1 18.Cri.Appeal-987-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO. 987 OF 2025

1. VAISHALI W/O MAHESH @ MASURAM KACHRE

2. MAHESH @ MASURAM BHANUDAS KACHRE

3. SHRIKANT MAHESH @ MASURAM KACHRE

4. GANESH S/O BABASAHEB @ DADASAHEB DHANWADE

5. SHITAL W/O DATTA KARPE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Appellants : Mr. Mayur B. Borse APP for Respondent/State : Mrs. P. J. Bharad ...

CORAM : MEHROZ K. PATHAN, J.

DATE : 26th DECEMBER 2025 VACATION COURT PER COURT :

1.

Heard.

2.

Issue notice to the Respondents, returnable on 16.01.2026. Learned APP waives service of notice for Respondents/State. 3.

The learned Counsel for the Appellants Mr. Borse submits that identical allegations of cruelty and harassment were made by the complainant against the entire family members in the year 2022, culminating in registration of FIR No.143/2022 under Section 498A and other relevant sections. However, the provisions of the Atrocities Act were not invoked. The complainant had also filed a domestic

2 18.Cri.Appeal-987-2025.doc violence case, being Criminal M.A. No.803/2022, on 06.09.2022 against the same accused persons. The present FIR is also based on identical allegations of cruelty and harassment. The Appellants have nowhere alleged that the complainant was subjected to cruelty or harassment solely on the ground that she belongs to a Scheduled Caste. Hence, the Appellants may be protected. 4.

Taking into consideration the above submissions, I am inclined to protect the Appellants till the investigation papers are received. Hence the following order :

ORDER

(a) In the event of arrest of the Appellants - Vaishali W/o Mahesh @ Masuram Kachre; Mahesh @ Masuram Bhanudas Kachre; Shrikant Mahesh @ Masuram Kachre; Ganesh S/o Babasaheb @ Dadasaheb Dhanwade; Shital W/o Datta Karpe in connection with Crime No.334/2025 registered with Peth Beed Police Station, District Beed, they be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousands) each with two solvent sureties in the like amount, on the following conditions :

(b) The Appellants are directed to attend Peth Beed Police Station, District Beed on Saturday of every week between 11:00 am. to 01:00 pm. and co-operate with the Investigating Officer. (c) The Appellants shall not tamper with the evidence and shall appear before the Investigating Officer as and when required, apart

3 18.Cri.Appeal-987-2025.doc from the days already mentioned above.

(d) The Investigating Officer shall make the investigation papers available for perusal of this Court.

5.

Stand over to 16th January, 2026.

MEHROZ K. PATHAN JUDGE NAJEEB..