Vijay Sadashiv Dhawan vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

Vijay Sadashiv Dhawan vs State of Maharashtra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: upon any arrest in Crime No.1026 of 2025 (Mulund Police Station) under Section 108 of the Bharatiya Nyaya Sanhita, 2023, release on a PR Bond of Rs.25,000/- with one or two sureties in the like amount, subject to attending the concerned Police Station when called by the investigating officer and cooperating in the investigation.

Issue for consideration

Whether the Applicant, who apprehends arrest in Crime No.1026 of 2025 of Mulund Police Station for the offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (described in the State's argument as abetment of suicide of his wife), should be released on anticipatory bail.

Court's answer

Considering the overall facts and circumstances — the 14-year marriage between the Applicant and the deceased being not in dispute, the suicide notes mentioning some different reason for committing suicide, and the prosecution still examining the genuineness of the suicide notes — the court was inclined to release the Applicant on anticipatory bail.

Ratio / Principle

In the event of the arrest of the Applicant in Crime No.1026 of 2025 registered with Mulund Police Station for the offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing a PR Bond of Rs.25,000/- with one or two sureties in the like amount.

Key takeaways

Condition of release: the Applicant shall attend the concerned Police Station as and when called for by the investigating officer and shall cooperate in the investigation.ratio¶Order iii

Detailed headnote1 paragraphs

Anticipatory bail granted. Vijay Sadashiv Dhawan, apprehending arrest in Crime No.1026 of 2025 of Mulund Police Station for the offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023 — registered after his wife allegedly committed suicide by hanging on 8th November 2025 amid allegations that he suspected her character and beat her — was held entitled to pre-arrest bail. The court noted that the 14-year marriage was not disputed, that the suicide notes mention some different reason for the suicide, and that the prosecution was still examining the genuineness of the notes; weighing the overall facts and circumstances, it allowed the application. Release was ordered on a PR Bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount, conditioned on the Applicant attending the concerned Police Station as and when called by the investigating officer and cooperating in the investigation. Single-judge bench: N.R. Borkar, J.; decided 09-01-2026.

1 903-ABA 3385-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.3385 OF 2025

Vijay Sadashiv Dhawan … Applicant V/s. The State of Maharashtra … Respondent

Adv. Edgar Braganza a/w E. K. Braganza for the Applicant. Mr. S. R. Agarkar, APP for the Respondent-State. PSI Dnyaneshar Ladse, PI Shivaji Chawan, Mulund PS are present.

CORAM : N.R. BORKAR, J. DATE : 09TH JANUARY 2026

P.C. :

Digitally signed by MUGDHA MUGDHA MANOJ MANOJ PARANJAPE PARANJAPE Date: 2026.01.17 19:27:25 +0530

This is an Application for anticipatory bail.

The Applicant is apprehending his arrest in Crime No.1026 of 2025 registered with Mulund Police Station for the offences punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023.

The deceased was wife of the present Applicant. It is alleged that the present Applicant used to suspect the character of the deceased and he used to beat her. It is alleged that fed up with the harassment caused by the Applicant, on 8^th November 2025 the deceased committed suicide by hanging herself.

I have heard Learned Counsel for the Applicant and Learned APP for the Respondent-State.

1 of 3

Mugdha

2 903-ABA 3385-25.doc

Learned Counsel for the Applicant submits that prior to alleged incident the Applicant and the deceased were married for 14 years. It is submitted that the deceased, in the suicide notes left by her, has not attributed any harassment to her by the Applicant. It is submitted that there is no need of custodial interrogation and the Applicant is ready and willing to cooperate in the investigation.

On the other hand, Learned APP for the Respondent-State submits that the Applicant is involved in serious crime of abetment of suicide. It is submitted that the process of examining the genuineness of suicide note is still going on. It is submitted that considering the nature of crime, the Applicant may not be released on anticipatory bail.

I have perused the papers of investigation. The fact that prior to the incident the Applicant and the deceased were married for 14 years is not in dispute. In the suicide notes, the deceased has mentioned some different reason for committing suicide. Though the prosecution is still examining the genuineness of suicide notes, however, considering the overall facts and circumstances of the case, I am inclined to release the Applicant on anticipatory bail. Hence, the following order:-

ORDER

i. The Anticipatory Bail Application is allowed.

ii. In the event of the arrest of the Applicant in Crime No.1026 of 2025 registered with Mulund Police Station for the offences punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing a PR Bond in

2 of 3

Mugdha

3 903-ABA 3385-25.doc

the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

iii. The Applicant shall attend the concerned Police Station as and when called for by the investigating officer and shall cooperate in the investigation.

The Anticipatory Bail Application is disposed of in the aforesaid

terms.

3 of 3

Mugdha