Bombay High Court
Afroz Afan Ansari vs The State Of Maharashtra on 6 October, 2025
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
2025:BHC-AS:44363-DB
901-wpst1742-24.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
VASANT
ANANDRAO
IDHOL WRIT PETITION (ST.) NO.1742 OF 2024
Digitally signed
by VASANT
ANANDRAO Afroz A. Ansari ...Petitioner
IDHOL
Date: 2025.10.13
V/s.
19:22:46 +0530 The State of Maharashtra & Anr. ...Respondents
Ms.Madhavi Ayyappan with Mr.Yogesh Morey and
Mr.Satyajeet Salve i/b Talekar & Associates for the Petitioner.
Mrs.P.P. Shinde, Add.PP for the Respondent - State.
CORAM : REVATI MOHITE DERE &
SANDESH D. PATIL, JJ.
DATE : 6TH OCTOBER, 2025.
P.C. :-
1. Since the Registry has not placed a copy of the Petition before us, the learned counsel for the Petitioner has tendered one copy of the Petition before us. The same is taken on record.
2. By this Petition, the Petitioner essentially seeks a direction to the State Government to implement the directions given by the Apex Court in the case of Tehseen S. Poonawalla 1/5 ::: Uploaded on - 13/10/2025 ::: Downloaded on - 17/10/2025 22:31:52 ::: 901-wpst1742-24.doc vs. Union of India, reported in (2018) 9 SCC 501 ; a direction to the Respondent No.1 - State of Maharashtra to constitute and designate appropriate Courts as Fast Track Courts in every district for trial of mob lynching cases, in an expeditious manner, as directed by the Apex Court in Tehseen S. Poonawalla (supra) ; to transfer the Sessions Case No.325 of 2023, pending before the District and Sessions Court, Nashik to a Fast Track Court with a direction to the said Court to decide the trial expeditiously, as directed by the Apex Court again in Tehseen S. Poonawalla (supra) ; and to grant compensation to the Petitioner for the loss of life of her husband.
3. Mrs.Shinde, Additional PP has tendered a notification dated 25th January, 2022, by which the Government of Maharashtra has in co-ordination with the Central Government, framed Maharashtra Victim Compensation Scheme, 2014 for providing funds for the purpose of compensation to the victims or their dependents, who have suffered loss or injury as a result of a crime and who require rehabilitation. Having regard to the judgment of the Apex 2/5 ::: Uploaded on - 13/10/2025 ::: Downloaded on - 17/10/2025 22:31:52 ::: 901-wpst1742-24.doc Court in Tehseen S. Poonawalla (supra) and in exercise of powers by Section 357-A of the Code of Criminal Procedure, the Government of Maharashtra has made a scheme and amended the Victim Compensation Scheme, 2014. The relevant part of the notification, by which amendment has been carried out reads thus :-
"1. This Scheme may be called the Maharashtra Victim Compensation (Amendment) Scheme, 2022.
2. In paragraph 4 of the Maharashtra Victim Compensation Scheme, 2014 (hereinafter referred to as "the principal Scheme"), after clause (e), the following clause shall be inserted, namely:-
"(e-1) the loss or injury is caused to the victim due to lynching or mob violence;".
3. In paragraph 5 of the principal Scheme,-
a) after sub-paragraph (1), the following proviso shall be inserted, namely:-
"Provided that, in case of death or injury or loss due to lynching or mob violence, one fourth of the amount specified in column (3) of the Schedule appended to this Scheme shall be paid as interim relief within thirty days of the incident of lynching or mob violence.";
b) after sub-paragraph (2), the following proviso shall be inserted, namely:-
"Provided that, in case of death or injury or loss due to lynching or mob violence, in addition to above 3/5 ::: Uploaded on - 13/10/2025 ::: Downloaded on - 17/10/2025 22:31:52 ::: 901-wpst1742-24.doc considerations, due regard should be given to the nature of bodily injury, psychological injury and loss of earnings including loss of opportunities of employment and education and legal expenses while deciding the quantum of compensation.";
c) in sub-paragraph (8), for the words "be specified in"
the words "not exceeding the amount specified in the Schedule" shall be substituted.
4. In the Schedule appended to the principal Scheme,-
a) entry at serial Number 2 shall be deleted;
b) entry at serial Number 5 shall be deleted;
c) after entry 11, the following entry shall be added, namely:-
"12. Injury or loss due to lynching Rs.10 Lakhs." or mob violence."
4. Mrs.Shinde further states that the State Government has taken steps to have the matter transferred from the District and Sessions Court, Nashik to the Fast Track Court. She further states that if the same has not been done till date, the same will be done expeditiously within three weeks from today. Statement accepted.
5. As far as compensation is concerned, Mrs.Shinde states that the wife of the deceased has been sanctioned final 4/5 ::: Uploaded on - 13/10/2025 ::: Downloaded on - 17/10/2025 22:31:52 ::: 901-wpst1742-24.doc compensation of, Rs.5.00 lakhs. Statement accepted. She however, states that the said compensation could not be transferred to the Petitioner, since she does not have an account. She states that the said amount which has been sanctioned, will be transferred as soon as the Petitioner opens a bank account. Statement accepted.
6. In view of the aforesaid, nothing survives for further consideration in the Petition, the Petition stands disposed of.
7. All parties to act on the authenticated copy of this order.
(SANDESH D. PATIL, J.) (REVATI MOHITE DERE, J.) 5/5 ::: Uploaded on - 13/10/2025 ::: Downloaded on - 17/10/2025 22:31:52 :::