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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

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”).


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                                                        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


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                                                       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
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                                                           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.)




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