Akkabai Suresh Chavan (Detenue) vs The State Of Maharashtra And Others
2023 Latest Caselaw 13377 Bom

Bombay High Court

Akkabai Suresh Chavan (Detenue) vs The State Of Maharashtra And Others on 22 December, 2023

Author: R.G. Avachat

Bench: R.G. Avachat

                                                            1633.2023WP
                                  -1-


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

       906 CRIMINAL WRIT PETITION NO. 1633 OF 2023
           AKKABAI SURESH CHAVAN (DETENUE)
                        VERSUS
         THE STATE OF MAHARASHTRA AND OTHERS
                                   ...
Advocate for the Petitioner : Mr. Suryawanshi Surendra V.
APP for Respondent/State : Mr.A.R. Kale
                                 .....
                            CORAM : R.G. AVACHAT AND
                                    SANJAY A. DESHMUKH, JJ.

DATED : 22nd DECEMBER, 2023.

PER COURT :-

. The learned APP seeks time to file affidavit in reply.

2. The petitioner is of 40 years lady. She has been detained

on the ground of her activities being bootlegger were found to be

prejudicial to maintenance of public order.

3. We have perused the order of detention and chart of crimes

registered against her. We find last crime was registered on

21.02.2023 while the detention order has been passed 8 months

thereafter i.e. on 19.10.2023.

4. The learned APP has strong reservation to grant the

petitioner temporary respite. According to him, there is Constitutional

Bench judgment of the Hon'ble Apex Court in the case of Sunil

Fulchand Shah Vs. Union of India and others (2020) 3 SCC 409.

He also submits that the petitioner can very well approach the State

Government under section 15 with a prayer for temporary respite.

1633.2023WP

According to him, it is the State which alone can grant such relief.

5. The petitioner being a lady and fact that the detention order

has been passed after 8 months of the last crime to have been

registered against her and the State is seeking time to respond by

filing affidavit in reply, we find it to be a fit case to grant temporary

respite.

6. Once the order of detention is passed, the detenue has

every right to take recourse whatever remedy available to him to take

exception to. She has approached by filing petition in October, 2023,

yet the learned APP is seeking time to respond. Even each day of

detention without reason or justification is untenable. It is made clear

that we are not deciding the matter on merits right now, however, fact

that the petitioner being a lady and order of detention has been

passed 8 months after the last crime was registered against her,

wherein she was not arrested but given notice under section 41-A of

the Cr.P.C., when crime is punishable with imprisonment for five

years. Meaning thereby it is non-bailable. The authorities concerned

could have arrested the petitioner, that might have a determent

effect, then she might not have indulged in further activities.

7. Needless to mention when Court has power to grant final

relief, it can grant the same as interim relief.

8. State is asking for time to respond, we grant the petitioner

temporary respite i.e. release on bail for a period of next one and half 1633.2023WP

months. During the period of release, she should mark her

attendance on every alternate day with Chalisgaon Police Station,

Dist. Jalgaon.

8. Stand over to 12th January, 2024.

(SANJAY A. DESHMUKH, J.) (R.G. AVACHAT, J.)

sga/