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Bombay High CourtAPEAL/78/2026allowed

Vandana Kisan Devgirikar And ANR v. State Of Maharashtra And ANR

2026-01-23Hon'Ble Shri Justice R. M. Joshi2 pages

902_APEAL_78_2026.DOC Prasad

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 78 OF 2026 Vandana Kisan Devgirikar and Anr ...Appellants

Versus

State Of Maharashtra and Anr

...Respondents

Mr. Sachin Tulshidas Zalte, for the Appellants. Mr. Aashish I. Satpute, APP for the Respondent No.1 - State. PSI - Yudhjeet Bhosale, Bharti Vidyapeeth Police Station, Pune City.

CORAM:

R. M. JOSHI, J.

DATED:

23rd JANUARY, 2026.

PC:- 1.

Heard.

2.

Learned counsel for the Appellants submits that in the First Information Report it is not stated that the alleged incident has occurred in presence of independent witness.

3.

Apart from this, it is his contention that the First Information Report is inconsistent to the statement made by the informant before the Special Court in Criminal Miscellaneous Application No.131 of 2025. He also drew my attention to the NC recorded on the date of the incident, wherein no allegations are made against the Appellants attracting provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 23rd January, 2026.

902_APEAL_78_2026.DOC 4.

Learned APP oppose grant of any ad-interim relief to the Appellants.

5.

Prima facie perusal of the record indicates that there is substance in contention of learned counsel for the Appellants. The Appellants are ladies. In view of the same, liberty of the Appellants deserves to be protected till Respondent No.2 is heard. Hence, there shall be ad-interim relief in terms of prayer clause (2) and

(3) till next date of hearing.

6.

Issue notice to the respondents.

7.

Learned APP waives service for the State.

8.

Notice of respondent No.2 is returnable on 6th February, 2026.

9.

Learned APP to inform the concerned police station to intimate to the respondent No.2 about the pendency of this appeal. (R. M. JOSHI, J.) { 23rd January, 2026.