Disposed¶22

Maruti Vishvambhar Gavali v. State of Maharashtra

Bombay HC29 Jan 2025ABA/237/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 CrPC; Bombay High Court; RAJESH S. PATIL, J.; Maruti Vishvambhar Gavali v. State of Maharashtra; C.R. No. 0629 of 2024; Solapur Police Station (Rural); IPC Sections 323, 341, 363(2)(n), 504, 376(2)(n), 404; informant non-cooperation with investigation; notice to Informant; amendment adding first Informant as Respondent No.2; interim protection; no coercive steps; stand over 27 February 2025; Maharashtra.

What did the court decide?

Interim protection: no coercive steps to be taken against the Applicant in the meanwhile. ¶22

Maruti Vishvambhar Gavali vs State of Maharashtra — Anticipatory Bail | Bombay HC (2025)

What the court decided

AI extract

Outcome

Interim protection: no coercive steps to be taken against the Applicant in the meanwhile.

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Issue for consideration

Whether anticipatory bail may be granted to the Applicant Maruti Vishvambhar Gavali under Section 438 CrPC in respect of C.R. No. 0629 of 2024 (Solapur Police Station, Rural), and the interlocutory course to be adopted (notice to the first Informant, amendment adding her as Respondent No.2, interim protection).

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Court's answer

It was considered necessary to issue notice to the Informant, the offences registered being under the provisions of Sections 323, 341, 376(2)(n) and 404 of the Indian Penal Code.

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Ratio / Principle

Liberty granted to the learned Advocate for the Applicant to amend the Anticipatory Bail Application by adding the first Informant as a party Respondent No.2.

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Key takeaways

Interim direction that, in the meanwhile, no coercive steps will be taken against the Applicant.ratio¶22

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Coram: RAJESH S. PATIL, J. (single Judge) - Anticipatory Bail Application No. 237 of 2025 under Section 438 CrPC by Maruti Vishvambhar Gavali seeking pre-arrest bail in C.R. No. 0629 of 2024 dated 19 September 2024, Solapur Police Station (Rural), recited as registered under Sections 323, 341, 363(2)(n) and 504 IPC (the operative portion of the order, however, refers to the offences as under Sections 323, 341, 376(2)(n) and 404 IPC - an internal variance in the document). The learned APP reported that the lady Informant, though called at least 14 to 15 times for investigation, refused to come to the police station and orally informed the police that she was not interested in pursuing her complaint. The Court accordingly: (i) considered it necessary to issue notice to the Informant; (ii) granted liberty to amend the application so as to add the first Informant as Respondent No.2, the amendment to be carried out forthwith and copy served on the newly added Respondent; (iii) granted interim protection directing that, in the meanwhile, no coercive steps be taken against the Applicant; and (iv) stood the matter over to 27 February 2025. Interim/interlocutory order only - the substantive question of anticipatory bail remains undecided.

Maruti Vishvambhar Gavali v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Maruti Vishvambhar Gavali v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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