[ad_1]
Supreme Court – Daily Orders
Anil vs State Of Maharashtra on 29 August, 2025
Author: Pamidighantam Sri Narasimha
Bench: Pamidighantam Sri Narasimha
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2025
(@ SLP (Criminal) No. 6746 of 2025)
ANIL ... APPELLANT(S)
VS.
THE STATE OF MAHARASHTRA & ANR. ... RESPONDENT(S)
O R D E R
1. Leave granted.
2. This appeal is against the order of the High
Court of Judicature at Bombay at Aurangabad
dated 16.04.2025 whereby the High Court allowed
the Criminal Appeal No. 836 of 2024 filed by the
respondent no. 2 (complainant) and cancelled the
Signature Not Verified
Digitally signed by
KAPIL TANDON
Date: 2025.08.29
17:14:17 IST
Reason:
Crl. Appeal @ SLP (Crl) No. 6746 of 2025 1
bail granted to the appellant.
3. The issue relates to registration of an FIR
against the appellant being FIR No.28 of 2024
dated 24.01.2024 registered at Police Station
Kurunda, Tq. Basmath, District Hingoli,
Maharashtra for the offences punishable under
Sections 302, 120-B, 143, 147, 148, 149, 504,
506, 109, 114 of IPC and 3(2)(s), 3(2)(va) of
Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act. On the basis of
which the appellant was arrested on 24.01.2024.
4. The appellant moved an application for
regular bail before the Trial Court and by its
order dated 09.05.2024, The Trial Court granted
bail to the appellant subject to following
conditions:
“1. Accused Anil Sakharam Dalvi is
released on bail in crime
no.28/2024, Kurunda P.S. on PB of
Rs.50,000/-with two sureties each of
Rs.50,000/-.
2. Accused shall not contact,
influence witnesses by any means or
by any mode.
Crl. Appeal @ SLP (Crl) No. 6746 of 2025 2
3. Accused shall not give threats to
witnesses.
4. Accused shall remain present, in
the court on the dates on which the
case will be posted. He can seek
exemption if special reasons are
shown.
5. The letter of release be given
hamdast.”
5. Being aggrieved by the order granting bail,
the respondent no. 2/complainant filed a
Criminal Appeal seeking cancellation of bail on
various grounds and this led to the impugned
order which is as under:
“1.Criminal Appeal is allowed.
2.Impugned judgment and order dated
09.05.2024 passed below Exh.7 by
Special Judge, Basmathnagar,
District Hingoli in Special Case No.
24 of 2024 is quashed and set aside.
3.Respondent shall take steps to
secure custody of respondent no.1.
11.(sic) After pronouncement of the
operative part, learned counsel for
respondent No.1 prays for stay to
the operation of order passed by
this Court for a period of six (6)
weeks.
12.(sic) Learned counsel for the
appellant vehernently opposes the
request.
Crl. Appeal @ SLP (Crl) No. 6746 of 2025 3
13.(sic) As respondent No.1 desires
to approach Apex Court, I am
inclined to grant stay for three (3)
weeks. However, it is noticed that
his son Shubham tried to pressurize
the informant and her family
members. There are instances of
pressure tacticts. Therefore, it is
desirable that during this period,
respondent No.1 shall stay away from
Basmathnagar and report his
whereabouts to the Investigating
Officer.
14.(sic) In that view of the matter,
there shall be stay to the operation
of the execution of the order passed
today for the period of three (3)
weeks on condition that respondent
No.1 shall stay outside of
Basmathnagar Taluka during this
period and report his whereabouts to
the Investigating Officer.”
6. Having considered the matter in detail and
taking into account the fact that the
chargesheet has already been filed and the Trial
Court has considered the matter and granted
bail, we are of the opinion that High Court
should not have cancelled the bail. In the facts
and circumstances of the case, we allow the
appeal and set aside the order passed by the
High Court and direct that the appellant be
Crl. Appeal @ SLP (Crl) No. 6746 of 2025 4
released on bail subject to such terms and
conditions as may be imposed by the Trial Court
and this would include the direction of the High
Court in paragraph no. 14 (sic) that “appellant
shall stay outside of Basmathnagar Taluka during
this period and report his whereabouts to the
Investigating Officer”. This direction will,
however, not be applicable as and when he is
required to appear during the trial.
7. With these observations, the Appeal stands
disposed of.
8. Pending application(s), if any, shall stand
disposed of.
…………………………………………………………………………J.
[PAMIDIGHANTAM SRI NARASIMHA]
…………………………………………………………………………J.
[ATUL S. CHANDURKAR]
NEW DELHI;
AUGUST 29, 2025
Crl. Appeal @ SLP (Crl) No. 6746 of 2025 5
ITEM NO.2 COURT NO.7 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 6746/2025
[Arising out of impugned final judgment and order dated 16-04-2025
in CRLA No. 836/2024 passed by the High Court of Judicature at
Bombay at Aurangabad]
ANIL Petitioner(s)
VERSUS
STATE OF MAHARASHTRA & ANR. Respondent(s)
IA No. 113494/2025 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 113493/2025 – EXEMPTION FROM FILING O.T.
Date : 29-08-2025 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
HON’BLE MR. JUSTICE ATUL S. CHANDURKAR
For Petitioner(s) :Mr. Subodh S. Patil, AOR
For Respondent(s) :Mr. Shrirang B. Varma, Adv.
Mr. Siddharth Dharmadhikari, Adv.
Mr. Aaditya Aniruddha Pande, AOR
Mr. Amol Nirmalkumar Suryawanshi, Adv.
Ms. Srishty Pandey, Adv.
M/s Juristrust Law Offices, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. Leave granted.
2. The Appeal is disposed of in terms of the Signed Order.
3. Pending application(s), if any, shall stand disposed of.
(KAPIL TANDON) (NIDHI WASON)
COURT MASTER (SH) COURT MASTER (NSH)
(Signed Order is placed on the file)
Crl. Appeal @ SLP (Crl) No. 6746 of 2025 6
[ad_2]
Source link