Created by Fuzzy Cloud

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.