Shanta Subhash Pawar v. The State Of Maharashtra And ANR

Digitally signed by CHITRA SANJAY SONAWANE Date:

2025.07.11 10:09:38 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.1846 of 2025 Shanta Subhash Pawar Age-55 years, Occ: Service R/o: Pratapsinh Housing Society, Shahunagar, Satara, Tal and Dist - Satara ... Applicant versus

1) The State of Maharashtra (Through API Satara City Police Station, Satara)

2) XYZ R/o Plot No.4, Pratapsinh Housing Society, Shahunagar, Satara, Tal and Dist Satara ... Respondent ---- Mr Rahul Dhaygude, along with Mr Sanket Mane, for the applicant.

Mr SV Walve, APP, for the respondent/ State.

Mr RD Phadatare, PC 1311, Satara City Police Station, Satara. ---- Coram: R.N. Laddha, J.

Date: 10 July 2025 P.C.:

By this application, the applicant seeks pre-arrest bail in connection with CR No.520 of 2025, registered at Satara City Police Station, Satara, for offences punishable under Sections

75(2), 78, 54, 115(2), 126(2), 329(4), 351(2), 352 and 324(2) of the Bharatiya Nyaya Sanhita, 2023, and Sections 8, 12 and 17 of the Protection of Children from Sexual Offences Act, 2012.

2.

The prosecution alleges that between 2023 and June 2025, the co-accused repeatedly stalked, harassed, and threatened the informant's minor daughter in Satara, attempting to force her into marriage. His mother, the applicant, supported and pressured the victim to marry her son despite knowing the situation.

3.

Mr Rahul Dhaygude, the learned Counsel appearing on behalf of the applicant, asserts the applicant's innocence and contends that the applicant has been falsely implicated in the crime. He submits that the core of the dispute arises from a relationship between the victim and her son, who wished to marry each other, a proposal strongly opposed by both the informant and the applicant. Drawing attention to the contents of the FIR, the learned Counsel submits that the applicant's alleged involvement is limited solely to pressuring the victim to marry her son, and no overt or direct act of violence or coercion has been attributed to the applicant. Furthermore, he points out that a toy gun, which is said to have been used in the

alleged incident, has already been recovered from a co-accused who has been arrested, and that no incriminating material remains to be recovered or discovered. The learned Counsel also submits that the applicant has no criminal antecedents and is willing to comply with any conditions that this Court may deem appropriate to impose.

4.

Mr SV Walve, the learned Additional Public Prosecutor representing the respondent/ State, submits that the offence is of a grave and serious nature. Nevertheless, upon receiving instructions from the investigating officer, who is present in the Court, the learned APP informs the Court that the investigation in the present matter has been concluded. He further states that no recovery or discovery is to be effected from the applicant. It is also brought to the notice of the Court that the charge sheet has already been filed before the competent Court. 5.

Upon perusing the records, it appears that the primary allegations of stalking and harassment have been directed against the co-accused. The specific accusations against the applicant pertain to her role as the mother of the co-accused, wherein it is alleged that she exerted pressure on the victim to marry her son and allegedly issued threats in that regard. However, prima facie, there is no material available on record

indicating that the applicant employed coercive means to compel the victim into marriage. Notably, the victim at the relevant time was 17 years and 8 months old. The weapon allegedly involved in the offence has already been recovered from the co-accused, and nothing is to be recovered or discovered from the applicant. Moreover, the learned APP has confirmed that the investigation in the matter has been concluded and a charge sheet has been duly filed before the competent Court.

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6.

In light of the foregoing circumstances, and considering that no further custodial interrogation of the applicant is warranted, this Court finds it appropriate to exercise its discretion in favour of the applicant. Hence, the following order:

ORDER

(i) In the event of the applicant's arrest in connection with CR No.520 of 2025, registered at Satara City Police Station, Satara, she shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.

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(ii) The applicant, herself or through any other person, shall not tamper with the evidence or influence witnesses.

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(iii) The applicant shall regularly attend and cooperate with the trial Court for the expeditious disposal of the case.

7.

The application stands disposed of accordingly. .

(R.N. Laddha, J.)