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Bombay High CourtWP/4236/2025disposed off

Shrihari Shivajirao Sonawane v. State Of Maharashtra

2025-08-08Hon'Ble Shri Justice S. M. Modak2 pages

3 Wp-4236-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4236 OF 2025 Shrihari Shivajirao Sonawane

...Petitioner

Vs.

The State of Maharashtra

...Respondent

***** Adv. Mrunmai K. Rokade i/by Adv. Narayan G.

Rokade Advocate for the Petitioner Shri N. B. Patil APP for the Respondent-State ***** CORAM :

S. M. MODAK, J.

DATE :

08th AUGUST 2025 P. C. :- 1.

Heard learned Advocate for the Petitioner.

2.

There is a proclamation issued against him. It is important to say that his co-accused, who are accused nos. 2 to 6, have applied for separation of their trial. The proclamation was issued on 16.10.2023. It is on page No. 13-A. Offences are under Sections 498-A, 406, 323, 504, 506 read with 34 of the Indian Penal Code. by SEEMA KSHITIJ YELKAR Date:

2025.08.14 11:50:43 +0530 Seema 1/2 SEEMA KSHITIJ YELKAR

3 Wp-4236-2025.doc 3.

The date of F.I.R. is 04th November 2015. The learned APP has invited my attention to the report given by the local Police dated 8.06.2023, page no. 12. There is mention that the Petitioner was not traceable at his ordinary address. Certain contentions are raised about procedure followed prior to issue of proclamation warrant. I am not impressed by those submissions. It is for the two reasons:- (i) Already arrest warrant is issued and it could not be executed. (ii) His own relatives, who are accused nos. 2 to 6, are coming forward and asking for separation of the trial. 4.

What more is required. Hence, petition is dismissed. There is no merit. The Petitioner is at liberty to appear before the trial court and pray for bail for the reason that the charge-sheet is already filed, he is the husband and also for the reason custodial interrogation is not required.

5.

The learned Magistrate to hear both the sides and pass an appropriate order.

[S. M. MODAK, J.] Seema 2/2