Shivaji Vilasrao Sawant v. State of Maharashtra

Bombay HC20 Mar 2025ABA/759/2025

Case brief

AI extract

What is this about?

Anticipatory bail; interim protection; no coercive steps; fast tag (FASTag) misuse; vehicle number plate misuse; e-chalan/e-challan; toll plaza deduction; investigating officer; Bombay High Court; Criminal Appellate Jurisdiction; Rajesh S. Patil, J.; Shivaji Vilasrao Sawant; State of Maharashtra; ABA 759/2025; appearance on 27-28 March 2025; stand over 7 April 2025.

What did the court decide?

Interim protection: no coercive steps against the applicant till the next date of hearing (7 April 2025); applicant to appear before the investigating officer on 27 and 28 March 2025 (11.00 a.m. to 1.00 p.m.) with fast tag account and number plate details. ¶24-25

Shivaji Vilasrao Sawant vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether interim protection from coercive steps should be given to the applicant pending further hearing of Anticipatory Bail Application No. 759/2025. +1 more

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Court's answer

As an interim measure, no coercive steps shall be taken against the applicant until the next date of hearing (the matter stood over to 7 April 2025).

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Ratio / Principle

The Court accepted the applicant's contention and held that, at this stage, it would suffice to direct the applicant to attend the concerned police station and hand over the details of his fast tag account for the relevant period and the details of the number plate.

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Key takeaways

The applicant is directed to attend the office of the investigating officer of the concerned police station on 27 March 2025 and 28 March 2025 between 11.00 a.m. and 1.00 p.m. to furnish the aforesaid details.ratio¶19

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Anticipatory Bail Application No. 759/2025 — Shivaji Vilasrao Sawant v. State of Maharashtra (Rajesh S. Patil, J., 21 March 2025): The applicant was alleged to have used another vehicle's number plate and the complainant's fast tag account, evidenced by an e-chalan for speeding and toll-plaza deductions suffered by the complainant whose car was nowhere near the toll plaza, and a prosecution photograph purportedly showing the accused's car bearing the complainant's number plate. Counsel contended that a fast tag of a different car could not have been used by the applicant and offered to hand over the applicant's fast tag and travel details to the police. The Court found this sufficient at the interlocutory stage: the applicant was directed to attend the investigating officer on 27 and 28 March 2025 (11.00 a.m. to 1.00 p.m.) with his fast tag account and number plate details; in the meanwhile, no coercive steps were to be taken against him till the next date of hearing (7 April 2025).

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933-ABA-759-2025.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.759/2025

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SHIVAJI VILASRAO SAWANT ...APPLICANT VS THE STATE OF MAHARASHTRA ...RESPONDENT

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Adv. Saumitra Salunke a/w Ms. Swapnali Chavan i/b Pradeep Yadav for the Applicant.

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Adv. Pallavi Dhabholkar, APP for the State.

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CORAM : RAJESH S. PATIL, J. DATED : MARCH 21, 2025

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P.C.:

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This matter pertains to allegations of the number plate of

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the another vehicle being used by the applicant, so also, the fast tag account of the complainant has been used by the applicant. There is an allegation that the complainant received e-chalan for speeding the car and there were deductions from the fast tag account of the complainant on toll plaza; when in fact, the complainant’s car was nowhere near the toll plaza. It is further alleged that in the photograph procured by the prosecution, the accused has been seen in his car with number plate of the vehicle of the complainant.

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Learned counsel for the applicant submitted that presuming

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that the number plate of the complainant’s car has been used by the

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933-ABA-759-2025.doc

applicant, however it is impossible that a fast tag of a different car is used by the applicant. He further submits that in June 2023, he has sold his vehicle to a car re-selling agency. He is not aware whether the car re-selling agency has further sold the vehicle to any individual/party. The latest details are not available with him. The applicant is ready to hand over to the police the details of the fast tag used by the applicant during the relevant period, so also, the applicant is ready to give the details whether his car has travelled during the

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relevant period from the toll plaza mentioned in the FIR and whether there is a deduction of any amount from any other toll plaza for the applicant’s car.

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I am convinced with argument made by the advocate for the applicant. Hence, suffice would be the purpose if at this stage the applicant is directed to attend the concern police station and hand over the details of his fast tag account during the relevant time and also the details of the number plate.

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The applicant is directed to attend the office of the investigating officer of the concern police station on 27 March 2025 and 28 March 2025 between 11.00 am to 1.00 pm, in order to give the aforesaid details to the investigating officer.

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