Single-judge High Court allowed anticipatory bail application in IPC Sexual Offences case characterised as consensual. Court confirmed interim order but modified police appearance schedule.
Anticipatory bail allowed; previous order confirmed; direction to appear at police station on 14th and 15th March, 2022, and thereafter as called.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Digitally signed SALGAONKAR by SALGAONKARM M M M Date: 2022.03.05 00:10:00 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.238 OF 2O22
Pravin Javaharmal Chandan
.. Applicant
Versus
State of Maharashtra .. Respondent
Ms.Pranali Kakade i/b Ms.Anita Bafna for the Applicant. Mr.P.H.Gaikwad, A.P.P. for the State/Respondent.
Mr.Abhijeet Shukla for the Intervenor.
API Shri Sharad Surve attached to Oshiwara Police Station, present.
CORAM: BHARATI DANGRE, J. DATED : 02nd MARCH, 2022
P.C:-
M.M.Salgaonkar
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before the report, the informant never complained against the applicant and, therefore, the interim relief came to be granted.
In the said complaint, which is placed on record at page 32, she has narrated the long existing relationship between the two and taking recourse to the provisions of the DV Act, she sought protection fowing therefrom. Several reliefs are claimed in the said application, which include claim of compensation of Rs.20,00,00,000/- and a right of residence as
M.M.Salgaonkar
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well as an amount of Rs.6,00,000/- per month to be paid to her towards maintenance, alongwith amount of Rs.5,00,000/towards litigation expenses. An application for interim maintenance is also fled by the informant in the said proceedings.
Since the relationship between the applicant and the informant, prima facie, appear to be consensual in nature and the informant being a major in age and educated and holding a good ranking post and residing in Mumbai, it cannot be said that she has was so gullible, that she could not have refused the request of the applicant.
M.M.Salgaonkar
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In any case, the applicant will face the consequences of his act, at the stage of trial.
However, at present, his custodial interrogation is not warranted and, therefore, the order passed by this Court 31/01/2022 deserve a confrmation.
( SMT. BHARATI DANGRE, J.)
M.M.Salgaonkar
3 issues framed by the court
Whether custodial interrogation is warranted in a case involving sexual offences where consensual relationship is prima facie apparent.
Whether the interim protection order under Section 438 CrPC should be confirmed or modified.
Whether the long lapse period where no complaint was lodged indicates the relationship was consensual.
Pravin Javaharmal Chandan
State of Maharashtra
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
