IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINALAPPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2024

DISTRICT: PUNE

IN THE MATTER OF ARTICLE

226 OF THE CONSTITUTION
OF INDIA

AND

IN THE MATTER OF FIR

NO.306 OF 2024 DATED
19.05.2024 REGISTERED WITH
YERWADA POLICE STATION
FOR THE OFFENCES
 PUNISHABLE UNDER
SECTIONS 184, 185, 119, 177,
3(1), 180, 5(1), 181 AND 199 (A)
OF THE MOTOR VEHICLES
ACT. 1988

AND

IN THE MATTER OF SECTION

41A AND 50 OF THE CODE OF
CRIMINAL PROCEDURE
CODE.

AND

IN THE MATTER OF SECTION

46 OF THE CRIMINAL
PROCEDURE CODE.

Shivani Vishal Agrawal

Age: 49 yrs, Occ.: Housewife,
R/o.:Bunglow No. 01,
Bramha Sun City, Vadgaon sheri,
Pune-411014 …Petitioner
V/s.
The State of Maharashtra,

Through Police Inspector,

Yerwada Police Station,

Dist. Pune …Respondent

TO,

THE HON’BLE CHIEF JUSTICE AND OTHER HON’BLE

PUISNE JUDGES OF HIGH COURT OF JUDICATURE AT
BOMBAY

THE PETITIONER ABOVENAMED

MOST RESPECTFULLY SHEWETH:

Aggrieved and dissatisfied by.

FACTUAL MATRIX IS SET OUT AS UNDER:

1. The Applicant is a citizen of India and is residing at above

mentioned address. The Applicant is a law abiding person.
The Applicant is the original Accused No.4 in FIR No.306
of 2024 dated 19.05.2024 registered with Yerwada Police
Station for the offences punishable under sections 184,
185, 119, 177, 3(1), 180, 5(1), 181 and 199 (a) of the
Motor Vehicles Act. 1988 at the instance of Akib Ramzan
Mulla Complainant Friend of Deceased Subsequently on
27.05.2024 and 29.05.2024 the prosecution added the
offences under sections 201, 213, 214, 466, 467, 468, 471
of IPC and 7, 7-A, 8, 12 and 13 of Prevention of
Corruption Act in the present case. There are 10 Accused
in the present case including the present Applicant. The
Applicant is arrested on 01.06.2024 in the present crime.
2. It is alleged that the Complainant works as Software
Developer in Next Bridge Solutions Pvt. Ltd. Magarpatta,
Hadapsar, since last one and half years. It is alleged that
the Complainant studied in D. Y. Patil College, Lohagaon,
 Pune and since then Amankumar Kundra and Anis
Avadhiya are his friends. It is alleged that the Complainant
knows Ashwini Koshta and Isha Jaju through them.
3. On 18.05.2024 at around 10.30 p.m. the Complainant and
his friends went to Hotel Baller, Kalyani Nagar for party.
After the party got over at around 1.30 a.m. since it was
late Anis Avadhiya went to drop Ashwini by his Pulsar
bike bearing No. MII 14 CQ 3622. Anis Avadhiya was on
driving the bike and Ashwini was on backseat.
Complainant and his friend also followed them. When they
were taking a turn in front of Quality Hotel, on
Kalyaninagar Airport Road, Anis took a U-turn and went
further, suddenly a grey coloured four wheeler car of
Porsche Company went in front of the Complainant and
there was some loud noise.
4. It is alleged that one Porsche Car without bearing number
plates had dashed the Complainant's friend's bike from rear
end and both Anis and Ashwini were lying in the blood
pool unconscious.
5. The said Pulsar bike dashed the red coloured Swift Car No.
MH-14-JM-7243 in the parking area, which further dashed
Maruti Swift Dzire Car No. MH-12-VT-6771 and all three
vehicles got damaged. It is alleged that the Complainant
with the help of others took the injured friends to Sahyadri
Hospital for treatment, wherein the doctors declared them
as dead.
6. Thereafter the Complainant came to know that the name of
the driver of Porsche Car without number plates on both
 the sides is 'Master X' hereinafter referred to as 'CCL
(Child in Conflict). It is alleged that CCL was driving the
said Porsche Car in rash manner, speedily, carelessly so as
to cause loss to the human beings, by ignoring the traffic
rules, by dashing the Pulsar from backside, by damaging
three vehicles on the road and thereby caused death of
Anis Avadhiya and Ashwini Kosta -"Deceased".
7. The FIR No. 306 of 2024 dated 19.05.2024 was registered
with Yerwada Police Station for the offences punishable
under sections 304-A, 279, 337, 338, 427 of IPC and 184,
119, 177 of Motor Vehicles Act, 1988 at the instance of-
Akib Ramzan Mulla Complainant against the CCL. Hereto
annexed and marked as EXHIBIT-A is the copy of the
said FIR No. 306 of 2024 dated 19.05.2024 registered with
Yerwada Police Station.
8. On 19.05.2024 the investigating agency apprehended CCL
and was produced before the Ld. Juvenile Justice Board.
Pune "JJB". The Ld. Juvenile Justice Board, Pune granted
bail to the CCL on certain terms and conditions under the
provisions of Juvenile Justice Act (Care and Protection of
Children) Act, 2015- hereinafter referred as J.J Act of
2015' vide its order dated 19.05.2025. After releasing the
CCL on bail, next day morning there was an uproar from
various sections of the Society who were probably misled
by a lot of misinformation which was broadcasted on
mainstream media and social media which portrayed the
entire episode as a malicious and motivated propaganda to
safeguard the accused while in reality, though an
 unfortunate incident had led to loss of lives, a minor who
was roped in as an accused had faced a process
contemplated under its law. Neither the mainstream media
nor the social media activists could at that point of time
point out the illegality in the process which a CCL had to
face or the order passed by the Ld. Juvenile Justice Board
granting custody to his grandfather. Considering the uproar
and public sentiment, the investigating agency deviated
from its initial investigation and in a way, in order to
satisfy the public uproar, registered two more separate
FIRs bearing Nos. 307 of 2024 dated 20.05.2024 and 322
of 2024 dated 25.05.2024 against the father of the CCL.
i.e. Mr. Vishal Agarwal and others. In addition to that the
prosecution also registered three another FIRs bearing no.
653 of 2024 dated 06.06.2024 registered with Kondhwa
Police Station, FIR No. 21 of 2024 dated 12.01.2024
registered with Chandan Nagar Police Station and FIR no.
725 of 2024 dated 09.06.2024 registered with Hinjewadi
prosecution also registered three another FIRs bearing no.
653 of 2024 dated 06.06.2024 registered with Kondhwa
Police Station, FIR No. 21 of 2024 dated 12.01.2024
registered with Chandan Nagar Police Station and FIR no.
725 of 2024 dated 09.06.2024 registered with Hinzewadi
Police Station.
9. On 21.05.2024 the investigating officer filed application
under section 104 of the JJB Act and in pursuance to the
said application the custody of CCL transferred to
Observation Home for his safety and rehabilitation. The
 said custody was from time to time extended at the
instance of applications filed by the investigating officer.
Subsequently the real paternal aunt of CCL filed Criminal
Writ Petition No.2372 of 2024 before this Hon'ble Court.
This Hon'ble Court allowed the said writ petition vide its
order dated 25.06.2024 and released the CCL from the
Observation Home.
10.On 22.05.2024, the father of the CCL and husband of the
present Applicant got arrested in crime No.307 of 2024.
11.On 01.06.2024 the present Applicant and her husband
Vishal i.e. Accused Nos. 4 and 5- father and mother of
CCL were arrested in the present crime. On 04.06.2024 the
Accused Nos. 6 and 7 were arrested Le. Amar Santosh
Gaikwad and Ashpak Basha Mankandar. On 19.08.2024,
the Accused No. 8 and 9 were arrested in the present crime
after filing of the chargesheet ie. Aditya Avinash Sood and
Ashish Satish Mittal. So far as the Accused No. 10 is
concerned ie Arum Kumar Devnath Singh, he had filed
Anticipatory Bail Application before the Ld. Special Addl.
Sessions Judge and the same is pending. All the accused
persons were produced before the Ld. Addl. Sessions
Judge, Pune. The Ld. Addl. Sessions Judge granted police
custody from time to time and thereafter remanded them in
judicial custody. Now presently all the Accused persons
are in judicial custody.
12.On 28.07.2024 the investigation was completed and the
prosecution filed charge sheet against the Applicant and
co-accused. The charge sheet runs more than approx. 1396
 pages. Therefore, the Applicant herein filed separate
compilation of relevant pages of the said charge sheet The
Applicant states that the Applicant will tender the copy of
the entire chargesheet at the time of the hearing the bail
application and undertakes that she will serve the copy in
advance to the prosecution if required. Hereto annexed and
marked as EXHIBIT -B is the copy of the relevant pages
of the charge sheet.
13. On the perusal of the entire charge sheet and case papers,
the allegations against the present Applicant in the present
crime summarize as follows:
13.1) It is alleged that the mother of the CCL i.e.
present applicant is one of the conspirators in
blood swapping of CCL ie. in conspiracy with
her husband Vishal she tried to shield CCL by
extending courtesy of giving her own blood
samples in place of CCL. The DNA Report
matched with Applicant's blood which was
taken in Sasoon Hospital as CCL's blood. (Page
Nos. 89, 104, 223 and 224). Nayab Mirza (Page
No. 267) and Suraj Thapa (Page No. 268)
13.2) It is alleged that the presence of the Applicant is
recorded in CC TV Camera of Sasoon Hospital.
The statements of staff of Sasoon Hospital were
recorded. (CC TV footage of Sasoon Hospital
Punchnama dated 30.05.2024, JJB CC TV
footage Punchnama Page Nos. 195 and 210.
 13.3) It is alleged that the Applicant handed over the
amount of Rs.400,000/- to Manish Verma driver
of Applicant for swapping blood. The statement
of Rajiv Gupta is also recorded. The statement
under section 161 and 164 of Cr. P. C. of
Manish Verma is recorded Page Nos. 237 and
164 Cr. PC statement at Page No. 332 and Rajiv
Gupta Page No. 322.
13.4) It is alleged that the Applicant was in
contact with her husband-co-accused Vishal on
the day of incident and thereafter. (Page No.
313 - Mobile CDR Chart)
13.5) It is alleged that the CC TV recording of the
residence of the Applicant is deleted at the
instance of the present Applicant. The witness
statement of witness Shivam Shetty was
recorded. (Page No. 384)
14. The Applicant states that on the perusal of allegation
against the Applicant and without prejudice to the defence
of the Applicant at the most the case of the prosecution
falls under the sections 201, 213 and 214 of the Indian
Penal Code, 1860, which admittedly are "Bailable
Offences". The Applicant states that the manner of arrest
and the role attributed to the Applicant clearly denote that
the actions of the Respondent are illegal and continued
detention of the Applicant through the remand entitles her
immediate release as sought under the present Application.
15. The Applicant has been suffering from anxiety/panic
attacks. The Applicant states that after this unfortunate
alleged incident, the Applicant is facing more mental
trouble than previous and she needs continuous care,
healthy food, medical treatment and observations. The
Applicant files this present bail application on medical
ground also. The Applicant will produce relevant medical
documents at the time of hearing of the bail application
with prior of this Hon'ble Court.
16. The present Applicant filed bail application No. 3780 of
2024 before the Ld. Addl. Sessions Judge, Pune. The
prosecution filed say to the said bail application. Duringthe
pendency of the said bail application the charge sheet came
to be filed against the accused persons. The Ld. Addl.
Special Sessions Judge, Pune heard bail applications of the
accused nos. 1, 2 and 4 to 7 and rejected all the bail
applications by its common order dated 22.08.2024 passed
by the Ld. Special Addl. Sessions Judge, Pune. Hereto
annexed and marked as EXHIBIT-C(colly) is the copy of
the said bail application, say filed by the prosecution and
order dated 22.08.2024 passed by the Ed. Special Addl.
Sessions Judge, Pune. (Page No. 470-562).
17.Aggrieved and dissatisfied by Petitioner filed bail
application before ld. Session judge which came to be
rejected, dissatisfied by the same the petitioner has
preferred bail application before this Hon’ble court which
is pending for adjudication.
18.GROUNDS OF PETITION:
i) Petitioner submits that In this case petitioner was
arrested on 1/06/2024 , grounds of arrest were not
informed in writing or verbally to the present petitioner
while effecting arrest.
ii) Petitioner further submits that petitioner is woman,
while effecting arrest there was total non-adherence of
section 46 of the Criminal Procedure Code.
iii) Petitioner further submits that after filing of
chargesheet no cognizance have been taken by the ld
session judge till yet. So, custody of the petitioner is
illegal from the date of filing chargesheet.
iv) Petitioner is in custody since 01/06/2024 and continued
custody is illegal in nature.
v) The petitioner further submits that, false and bogus
FIR was lodged against present petitioner.
vi) The petitioner further submits that, the
fundamental rights and provisions of the Criminal
Procedure Code has been violated.
vii) It ought to be held that when the power is given to
do a certain thing in certain way the thing must be
done in that way or not at all.
viii) 10.It ought to be held that what is illegal cannot be
commend recognize and acceptance.
ix)
x) 11.It is further submitted that, The Petitioners has
not filed any other petition, application or any other
proceedings before this Hon'ble Court or the
 Supreme Court of India, except this Criminal Writ
Petition.
xi) It is further submitted that, The Petitioners craves
leave to add, amend, alter delete, modify or annual
any of the submissions made in this application
Memo with prior permission of this Hon'ble Court.
xii) It is further submitted that, The Petitioners
undertakes to supply the English translation of
Marathi documents as and when directed by
this Hon'ble court.
xiii) In view of the statements made hereinabove, the
Petitioner have good case on merit and the
Petitioners hope to succeed. The Petitioners state
that, the petitioners have been falsely implicated in
the said offence. The Petitioner state that, there is
hardly any evidence to connect the Petitioner with
the said offence. The balance of convenience is in
favor of the Petitioner.
xiv) Petitioner submits that, as the petitioner is in jail, so,
the verification of the petitioner may please
be dispensed with.

THE PETITIONER HUMBLY PRAYS THAT:

a. This Hon'ble court to declare the arrest of the petitioner as illegal and
gross violation of the fundamental right of the petitioner guaranteed
under article 21 and 22 of Constitution of India in relation to FIR No.
306/2024 registered at Yerwada Police Station, Pune on 19/05/2024.
 b. This hon'ble court may please to declare and set-aside the remand
order dated ________ passed by the learned JMFC, Pune, null and
void and further all the subsequent remands as the same being passed
in complete violation of all the constitutional mandates i.e. failure to
comply with section 41A, 50 and 60A of Code of Criminal Procedure
being violative of the fundamental rights of the petitioner guaranteed
under the Constitution of India.
c. This hon'ble court may please issue writ of Habeas Corpus granting
bail to the petitioner, pending the final hearing of the writ petition.
d. Hold and Declare that the custody of petitioner from the date of filing
Charge sheet is illegal.

Date: ___/ /2024

Place: Mumbai
NARAYAN GOPINATH ROKADE
B.Sc.(Agriculture), LL.B.
Advocate for Petitioner
IN THE HIGH COURT OF JUDICATURE

AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION

NO.__________ OF 2024

Jyoti Vasant Jadhav … Petitioner

Versus

The State of Maharashtra …Respondent

-----------------------------------------------------------
CRIMINAL WRIT PETITION
-----------------------------------------------------------
NARAYAN GOPINATH ROKADE
B.Sc. (Agriculture), LL.B.
Advocate, High Court
Enrollment No.:MAH/3202/2003
Advocate Code: I-31487
Original Side ID: 20012
Office: 08, Third Floor, Halima Building,
Nanabhai Lane, Above Fountain Inn Hotel,
Fort,Mumbai-400 023.
Mob.: 9604875749
Email ID: narayanrokade54@gmail.com