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Bombay High CourtABA/2261/2025disposed off

Shekhar Ramesh Chaudhari And ANR v. State Of Maharashtra And ANR

2025-08-14Hon'Ble Shri Justice R. N. Laddha5 pages

Digitally signed by CHITRA SANJAY SONAWANE Date:

2025.08.14 17:50:49 +0530 CHITRA SANJAY SONAWANE Chitra Sonawane 915-ABA-2261-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.2261 of 2025

1) Shekhar Ramesh Chaudhari Age- 44 yrs, Occ:Business.

2) Vinita Nitin Mokal Age: 38 yrs, Occ: Business Both are residing at Flat No.B/1004, Charms Heritage, Near Kalyan Water, Filtration Plan, Kalyan West, Tavri Padha, Kalyan Thane-421301 ... Applicants. Vs.

1) The State of Maharashtra Through Public Prosecutor.

2) The Senior Inspector of Police, District Crime Branch-I, Tiruchirapalli, District-Tamilnadu.

3) The Sr Inspector of Police Khadakpada Police Station, Kalyan ... Respondents. --- Mr Aditya Parmar, i/by Subhash Hulyalkar a/w Shivani Dixit for the applicant.

Mr MG Patil, APP for the respondent No.1 and 3/ State. None present for respondent No.2.

PSI Bhushan Deore, Khadakpada Police Station, Kalyan. --- Coram : R.N.Laddha, J.

Date : 14 August 2025.

Page No. 1 of 5

Chitra Sonawane 915-ABA-2261-2025.doc P.C. :

The learned Counsel for the applicants submits that respondent No.2 has already been duly served with the notice, and seeks leave to place on record the affidavit of service. Leave, as prayed for, is accordingly granted. 2.

In this application, the applicants have approached this Court projecting extreme urgency in the matter for the reason that he apprehended arrest in connection with C.R. No.17 of 2025 registered at District Crime Branch-I, Tiruchirappalli, District-Tamil Nadu, for the offences punishable under Sections 318(4), 316(5) and 61(2) of the Bharatiya Nyaya Sanhita (BNS), 2023.

3.

The learned counsel for the applicants submits that the applicants are seeking limited relief of protection till they approach the competent Court of jurisdiction for seeking anticipatory bail in connection with the aforesaid crime registered against them. The present request is confined to this protective measure and does not extend to any adjudication on the merits of the allegations. 4.

Learned APP has drawn the attention to the fact that Page No. 2 of 5

Chitra Sonawane 915-ABA-2261-2025.doc the FIR in question has been registered at District Crime Branch-I, Tiruchirappalli, in the State of Tamil Nadu. Accordingly, it is submitted that, in the strict sense respondent No.1/ State herein would have a limited role to play in the matter. The learned APP submits that, should this Court be inclined to grant the limited relief sought by the applicant, it may be appropriate to impose such terms and conditions as may be deemed fit, in order to ensure that the protection so granted is not misused or abused in any manner.

5.

It is a settled position in law that a limited relief of protection can be granted to the applicant, only to facilitate approaching the competent Court of jurisdiction. In this connection, a profitable reference can be made to the decisions in NK Nair & Ors. Vs. State of Maharashtra & Ors, 1985 CrLJ 1887, Shantanu Shivlal Mulak & Ors. Vs State of Maharashtra, 2021 ALL MR (Cri) 1380 and Shrikant Gopilal Rathi Vs State of Maharashtra & Ors. Cri. WP No.581/2021.

6.

This Court is not going into the merits of the matter or the entitlement of the applicant for the grant of Page No. 3 of 5

Chitra Sonawane 915-ABA-2261-2025.doc anticipatory bail in any manner. Since there is a possibility of applicants' arrest in connection with the aforesaid crime, which cannot be said to be misplaced or imaginary, in the facts and circumstances of the case, it is appropriate to protect the applicants for a limited period to enable them to approach the competent Court. Hence, the following order.

ORDER

(i) The applicants are granted protection from coercive action or arrest in the present crime only for a period of two weeks from today provided the applicants during this period shall not leave the State of Maharashtra except to travel to the State of Tamil Nadu to move such application before the competent Court of jurisdiction.

(ii) The applicants shall inform the concerned police station of the State of Maharashtra about this order passed by the Court.

(iii) Needless to say that the applicants shall not act in any manner that would be prejudicial to the investigation that may be carried out by the investigating agency or the concerned police officer in respect of the aforesaid FIR.

Page No. 4 of 5

Chitra Sonawane 915-ABA-2261-2025.doc 7.

The application stands disposed of accordingly. [R. N. Laddha, J.] Page No. 5 of 5