Bombay High Court
HARSHADA SURESH CHAVANversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court held that bail should be granted to the applicant subject to standard conditions.
Summary
The Bombay High Court considered a bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in connection with a criminal case (C.R. No. 68 of 2022) involving alleged cheating and criminal breach of trust under IPC Sections 406, 420 r/w 34. The applicant, Harshada Suresh Chavan, pleaded that she suffers from chronic epistaxis and a brain tumor requiring chemotherapy, and that she is the primary caregiver for two minor sons. The court examined medical reports from state hospitals, Tata Memorial Centre, and the District Civil Hospital, finding the applicant's health condition serious and her need for home-based treatment compelling. Considering her health, family responsibilities, and lack of flight risk, the court granted regular bail with a personal bond of Rs.15,000 and several conditions, while expressly limiting its observations to bail and not the merits of the case. The bail order directed monthly reporting to the investigating officer and prohibited the applicant from influencing witnesses or leaving the state without permission.
Issues considered
- What is the appropriateness of granting bail to the accused under Section 483 of the BNSS, 2023, given the nature of the offences (IPC 406, 420 r/w 34)?
- Does the applicant's serious medical condition and caregiving responsibilities justify bail?
- Are there any concerns of flight risk, tampering with evidence, or influencing witnesses that would preclude bail?
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 34, 406, 420
Subjects
- bail
- medical condition
- economic offence
- IPC 406
- IPC 420
- minor children
- BNSS 2023
- personal bond
Judgment
22. BA 3743-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3743 OF 2025
Harshada Suresh Chavan .Applicant
Vs.
The State of Maharashtra .Respondent
Mr. Ninad Bhabal a/w. Mr. Yogesh Sukale i/b. Mr. Animesh Kashyap,
Advocates, for the Applicant
Digitally
signed by
Mr. Y. M. Nakhawa, APP, for the Respondent – State
ANAND
ANAND SUDHAKAR Mr. P. G. Ghugave, API, Khandeshwar Police Station present
SUDHAKAR SUDAME
SUDAME Date: Mr. Amey Potdar, Jailor II, District Prison, Kalyan present
2026.10.05
16:41:11
+0530
CORAM : MILIND N. JADHAV, J.
DATE : 05.10.2026
P. C.
1. Heard Mr. Bhabal, learned Counsel for the Applicant and
Mr. Nakhawa, learned APP for the Respondent – State.
2. This Application is filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with
C.R.No. 68 of 2022 registered with Khandeshwar Police Station, Navi
Mumbai for offences punishable under Sections 406, 420 r/w. 34 of the
Indian Penal Code, 1860 (for short “IPC”).
3. The Applicant is indeed suffering from a serious medical ailment
which needs to be immediately considered by the Court. She is arrested
in an economic offence for having taken amounts from investors along
Anand 1 of 5
22. BA 3743-2025.doc
with other co-accused persons. The total outlay of funds for which the
Applicant is indicted is approximately Rs. 2.49/- Crores. The other
co-accused persons are also involved in the crime. The receipt issued to
the investors prima facie forms part of the record which prima facie
shows that there was relationship between the parties. However, what
impels me to consider the Applicant’s case for grant of bail is her
medical condition. The Prisoner's Health Report prima facie
acknowledges the fact that the Applicant is a chronic patient of
epistaxis for the last two years, since her imprisonment she has been
regularly referred to the State run hospital in Thane as well as Sir J. J.
Group of Hospitals on as many as 11 occasions. The material has been
placed before me. Learned Advocate for the Applicant has drawn my
attention to page 612, whereby it is prima facie seen that the Applicant
was also admitted to the Tata Memorial Centre for treatment of brain
tumor which is prima facie also opined by the District Civil Hospital,
Thane case paper of which is placed at page No. 614. The condition of
the Applicant is prima facie precarious, since she has already admitted
to chemotherapy in Tata Memorial Hospital Centre which is prima facie
seen from the Certificates which are placed at page No. 617 and I have
no reason to disbelieve them. In that view of the matter, the Applicant’s
case is considered for grant of regular bail so that the Applicant can
Anand 2 of 5
22. BA 3743-2025.doc
treat herself within the confines of her home. Another reason which
impels me to consider the Applicant’s case is that the Applicant has two
minor sons, who are required to be given care and support. The
Applicant is 40 years old. In that view of the matter, the Applicant is
granted regular 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 – Harshada Suresh Chavan is directed to be
immediately released from prison in connection with
CR. No. 68 of 2022;
(ii) Applicant is directed to be released on bail on furnishing
P. R. Bond of Rs.15,000/- (Rs. Fifteen Thousand only)
with one or two sureties of the like amount;
(iii) Applicant shall report to the Investigating Officer at
Khandeshwar Police Station, Navi Mumbai, 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;
Anand 3 of 5
22. BA 3743-2025.doc
(iv) Applicant shall co-operate 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
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
Anand 4 of 5
22. BA 3743-2025.doc
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 5 of 5
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