Bombay High Court
SHUBHANGI SHARAD SUTAR AND ANRversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The Court granted bail to the applicants with a bond and conditions.
Summary
The applicants, owners of a sparkling candle factory, were charged with culpable homicide not amounting to murder, offences under the Explosives Act and the Child Labour Act after a blast on 18 December 2023 killed 14 workers. They had been in custody for over two years with no progress in the trial. The applicants argued the incident was accidental, they had no prior criminal record, and the maximum punishment was ten years. The State contended the factory operated without a license, the owners were responsible for the blast, and they might abscond or tamper with evidence if released. The Court noted the prolonged pre‑trial detention, lack of antecedents, and the need for evidence to prove guilt, and therefore granted bail on a bond of Rs.30,000 with conditions, ordering the application disposed.
Issues considered
- Whether bail should be granted in a case involving culpable homicide, explosives offences, and child labour violations despite the seriousness of the charges.
- Whether the two‑year pre‑trial detention and lack of progress in the trial justify the grant of bail.
- Whether there is a risk of the accused absconding or tampering with evidence if released on bail.
Legislation cited
- Child Labour (Prohibition and Regulation) Act, 1986 — s. 14, 3A
- Explosives Act, 1884 — s. 5, 9B
- Indian Penal Code, 1860 — s. 285, 286, 304(II), 337, 338
Subjects
- bail
- culpable homicide not amounting to murder
- explosives offence
- industrial accident
- trial delay
- presumption of innocence
- child labour
- criminal procedure
Judgment
902-BA-3458-2024 (CR).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 3458 OF 2024
1. Shubhangi Sharad Sutar
2. Sharad Raghunath Sutar ….Applicants
Versus
The State Of Maharashtra and anr. ….Respondents
_________________________________________________________________
Mr. Premkumar Mishra (through VC) along with Mr. Surya P. Gupta,
Advocate for Applicant.
Mr. Prashant P. Jadhav, APP for Respondent-State.
Mr. Savankumar V. Waghmare, Police Sub-Inspector, Dehuroad Police
Station, Pimpri Chinchwad, present.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 20th FEBRUARY, 2026.
P.C. :
1. By this application, the applicants are seeking regular bail in
Crime No.657 of 2023 registered with Dehu Road Police Station, District
Pune, for the offences punishable under Sections 304(II), 285, 286, 337
and 338 of the Indian Penal Code 1860, Sections 5 and 9B of the
Explosives Act, 1884 and Section 3A read with 14 of the Child Labour
(Prohibition and Regulation) Act, 1986.
2. It is prosecution’s case that on 18th December 2023, a blast took
place in the company where sparkling candles were being prepared, and in
Digitally
signed by
SHUBHADA the said blast, 14 workers died. The applicants are the owners of the said
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM Date:
2026.02.24
10:52:34 factory.
+0530
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Shubhada S Kadam
3. It is contention of learned counsel for the applicants that the
applicants are behind bars for more than two years. It was an accident.
The maximum punishment for the offences applied against the applicants
is 10 years. The applicants have no antecedents. The investigation is
completed, there is no progress in the trial. Hence, requested to allow the
application.
4. It is contention of learned APP that the applicants were running
the factory without a license and without taking proper care and
precautions. Due to the blast, 14 people have lost their lives. The
applicants are responsible for the said blast. If the applicants are released
on bail, they may abscond, and requested to reject the application.
5. I have heard both learned counsel, perused charge-sheet and
documents produced on record. The applicants are behind bars for more
than two years. There is no progress in the trial. The maximum sentence
for the offences applied against the applicants is 10 years. To prove the
role of the applicants in the said crime, evidence is required. The
applicants have no antecedents. There is no progress in the trial.
Considering these facts, I pass the following order.
ORDER
(i) The applicants be enlarged on bail in Crime No.657 of 2023
registered with Dehu Road Police Station, District Pune, on
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Shubhada S Kadam
executing P.R.Bond in the sum of Rs.30,000/- with one or two
sureties in the like amount.
(ii) The applicants shall attend the concerned police station as and
when required.
(iii) The applicants shall not tamper with the evidence or attempt
to influence or contact the complainant, witnesses or any
person concerned with the case.
The application is allowed in the aforesaid terms and is
accordingly disposed of.
6. It is made clear that the above observations are made only for
the purpose of granting bail and the Trial Court shall decide the case on its
own merits in accordance with law and uninfluenced by the observations
made in this order.
7. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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