Bombay High Court
SWATI VISHNU DAHIWALversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to the conditions specified in the order.
Summary
The High Court considered a bail application filed by Swati Vishnu Dahiwal, a woman with two minor children, who was arrested in connection with a jewellery‑cum‑investment scheme run by her husband. The scheme, named ‘Suvarna Sanchay Yojana’, allegedly attracted deposits from 36 persons and is alleged to violate several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Maharashtra Protection of Interest of Depositors Act, 1999. The applicant sought bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, contending that no incriminating material links her personally to the alleged offences. The Court observed that, on a prima facie basis, there was no evidence of her complicity and that any such involvement could be proved only at trial. Consequently, the Court granted bail subject to a set of conditions, including a personal bond, surety, reporting requirements, and restrictions on travel and witness tampering. The order expressly limited its observations to bail and declined to comment on the merits of the case.
Issues considered
- Whether bail should be granted to the applicant under Section 483 of the BNSS in view of the alleged offences under the BNS and MPID Act.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 316(5), 318(3), 318(4), 3(5)
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Maharashtra Protection of Interest of Depositors Act, 1999 — s. 3, 4
Subjects
- bail
- criminal procedure
- BNSS
- BNS
- MPID Act
- deposit scheme
- prima facie
- conditions of bail
- women
- minor children
Judgment
4. BA 3492-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3492 OF 2026
Swati Vishnu Dahiwal .Applicant
Vs.
The State of Maharashtra .Respondents
ANAND
SUDHAKAR
SUDAME Mr. Dipak V. Bhalerao i/b. Mr. Mukesh Dongarge, Advocates, for the
Digitally signed by Applicant
ANAND SUDHAKAR
SUDAME Ms. Anuja S. Gotad, APP, for the Respondent – State
Date: 2026.09.21
21:14:42 +0530 Mr. Sachin Gawai, Advocate, for the Original Informant
CORAM : MILIND N. JADHAV, J.
DATE : 21.09.2026
P. C.
1. Heard Mr. Bhalerao, learned Counsel for the Applicant, Ms.
Gotad, learned APP for the Respondent – State and Mr. Gawai, learned
Counsel for the Original Informant.
2. This Application is filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with
C.R.No.114 of 2025 registered with Nanded City Police Station, Pune
for offences punishable under Sections 316(2), 316(5), 318(3), 318(4)
and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and
Sections 3 & 4 of the Maharashtra Protection of Interest of Depositors
Act, 1999 (for short “MPID Act”).
Anand 1 of 4
4. BA 3492-2026.doc
3. The Applicant before me is a woman having two minor children
aged 5 and 6 years. Her husband, who is arraigned as Accused No. 1
ran a jewellery-cum-investment business in the name of the Applicant
under the name of “Suvarna Sanchay Yojana” and collected deposits
and certain Gold items from 36 depositors. One of the depositors is the
Complainant before the Court. He is represented by Mr. Gawai,
Advocate. It is prima facie seen from the record that the Applicant has
not dealt with any of the depositors. Under the said Scheme, the
inducement was made by the husband of the Applicant to invest in a
bhishi which was nomenclatured as “Suvarna Sanchay Yojana” and at
the end of the bhishi tenure, the person would get 18 Grams Gold
ornament. Be that as it may. Nothing incriminating has been placed on
record to show the role of the present Applicant. Needless to state that
Applicant’s complicity will be proved at the time of trial otherwise. For
grant of bail, the aforesaid facts persuade me to allow the Application.
The Applicant is granted bail.
4. Hence, in view of above prima facie observations and finding,
Bail Application of Applicant is allowed subject to the following terms
and conditions:-
(i) Applicant – Swati Vishnu Dahiwal is directed to be
immediately released from prison in connection with
Anand 2 of 4
4. BA 3492-2026.doc
CR. No. 114 of 2025 ;
(ii) Applicant is directed to be released on bail on furnishing
P.R. Bond of Rs.15,000/- (Rs. Fifteen Thousand only)
with one surety of the like amount;
(iii) Applicant shall report to the Investigating Officer at
Nanded City Police Station, Pune, once every month, on
the first Monday of the month between 10:00 a.m. to
12:00 p.m. until commencement of trial and thereafter
shall attend all dates of hearing before the Trial Court;
(iv) Applicant shall cooperate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicant shall not seek
unnecessary adjournments. Any such conduct shall
entitle the prosecution to apply for cancellation of bail;
(v) Applicant shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vi) Applicant shall not influence any of the witnesses or
tamper with the evidence in any manner;
(vii) Applicant shall keep the Investigating Officer informed
of her current residential address and mobile telephone
Anand 3 of 4
4. BA 3492-2026.doc
number and shall forthwith inform the Investigating
Officer of any change in her residential address or
mobile telephone number, as and when such change
occurs; and
(viii)Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicant.
5. It is clarified that the observations made in this order are limited
for the purpose of granting bail only and I have not made any
observations on merits of the case. The trial shall be adjudicated on
the strength of the evidence led and strictly on its own merits being
uninfluenced with any of the prima facie observations made
hereinabove in this order.
6. Bail Application is allowed and disposed in the above terms.
(MILIND N. JADHAV, J.)
Anand 4 of 4
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