Shankar Rupa Pawar v. The State Of Maharashtra

2026:BHC-AUG:147

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1546 OF 2025 Shankar Rupa Pawar

VERSUS

The State Of Maharashtra ...

• Mr. A. S. Radikar, Advocate for Applicant • Mr. R. K. Ingole, APP for Respondent - State ...

CORAM : MEHROZ K. PATHAN, J.

DATED : 05.01.2026 PER COURT :

1.

Heard learned counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant has approached this Court apprehending arrest in connection with FIR No. 343 of 2025, dated 22.08.2025, registered with Cantonment Police Station, District Chhatrapati Sambhajinagar, for the offences punishable under Sections 109, 189(2), 190, 191(2), 191(3), 351(1), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023.

3.

This Court, vide order dated 08.09.2025, had granted interim protection to the present applicant, who happens to be the father-inlaw of the complainant and is alleged to have assaulted the complainant by means of a wooden stick.

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4.

Learned counsel for the applicant submits that pursuant to the interim order, the applicant has attended the concerned police station as and when called upon by the Investigating Officer and has fully cooperated with the investigation.

5.

It is further submitted that for the same incident dated 21.08.2025, the daughter of the present applicant has also lodged an FIR bearing Crime No. 344 of 2025, dated 22.08.2025. The daughter of the applicant and the complainant are husband and wife, and several matrimonial disputes are pending between them. Proceedings under Section 498-A of the Indian Penal Code have been initiated by the daughter of the applicant against the complainant, in which a charge-sheet has been filed and the case is registered as R.C.C. No. 168 of 2025. A Domestic Violence case bearing PWDVA No. 301 of 2025 is also pending, and maintenance proceedings under Section 125 of the Code of Criminal Procedure have been instituted. Thus, false implication of the present applicant cannot be ruled out. It is submitted that the applicant is a senior citizen, a retired Government servant, and not a flight risk. He is ready to abide by any further conditions that may be imposed by this Court in addition to those already imposed by the interim order. Hence, the applicant seeks confirmation of bail.

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6.

As against this, the learned APP vehemently opposes the application on the ground that CCTV footage is available, which shows the applicant assaulting the complainant by means of a wooden stick. The injury certificate corroborates the allegations made in the FIR, and statements of five eye-witnesses have been recorded during the course of investigation. It is submitted that the offence alleged is serious in nature and punishable with severe punishment. However, the learned APP fairly concedes that the applicant has cooperated with the investigation and has attended the police station as and when called. It is further submitted that recovery of the alleged weapon has not been effected.

7.

I have perused the investigation papers and the interim order dated 08.09.2025 passed by this Court. The injury certificate indicates that the complainant has sustained simple injuries. It is also undisputed that a cross-FIR bearing Crime No. 344 of 2025 has been registered at the instance of the applicant's daughter for the same incident dated 21.08.2025. The investigation appears to be substantially complete. Necessary statements have been recorded, and CCTV footage has been seized and forwarded for forensic examination. In these circumstances, custodial interrogation of the applicant does not appear to be necessary for completion of the investigation and filing of the charge-sheet. Hence, I am inclined to 3/5

protect the present applicant.

O R D E R

A) The Anticipatory Bail Application is allowed. B) The interim order dated 08.09.2025 is hereby confirmed with an additional condition that the Applicant shall attend the concerned police station and report to the Investigating Officer on 09th, 10th, 16th and 17th of January, 2026, between 12:00 noon and 02:00 p.m., and thereafter as and when required till filing of the charge-sheet.

C) The Applicant shall also cooperate with the investigation.

D) The Applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.

E) The applicant shall furnish copies of his Aadhaar Card and PAN Card to the Investigating Officer along with the addresses and mobile numbers of two nearest relatives.

8.

Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek cancellation of the anticipatory bail application.

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9.

The observations made herein are prima facie in nature and shall not influence the trial Court or any other Court while deciding the case on its own merits.

10.

In view of the above, the application stands disposed of. 11.

Pending applications, if any, also stand disposed of. ( MEHROZ K. PATHAN, J. ) 5/5