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2026 DAILYLAW 9867 (BOM)

SWATI VISHNU DAHIWAL v. STATE OF MAHARASHTRA

BA/3492/2026 · 2026-09-21

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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 Mr. Dipak V. Bhalerao i/b. Mr. Mukesh Dongarge, Advocates, for the Applicant Ms. Anuja S. Gotad, APP, for the Respondent – State 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 ANAND SUDHAKAR SUDAME Digitally signed by ANAND SUDHAKAR SUDAME Date: 2026.09.21 21:14:42 +0530 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