Sheetal Kishanchand Tejwani v. State Of Maharashtra
by LAXMIKANT GOPAL CHANDAN Date:
2026.06.08 20:59:34 +0530 LAXMIKANT GOPAL CHANDAN lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.612 OF 2026 Sheetal Kisanchand Tejwani : Applicant
Versus
The State of Maharashtra : Respondent.
______________________________________________________ Mr. Ajay Bhise a/w Ms. Deepali K Kedar for the Applicant. Mr. Shishir Hiray, Chief Public Prosecutor, a/w Advocates Mahalakshmi, Shubham Joshi, Devavrat Hiray, Ankur Pahade and Sanjay Kokane for the Respondent/State.
IO Mr. D M Waghmare, API, EOW, Pune City present. ______________________________________________________ CORAM :
ASHWIN D. BHOBE, J.
DATED :
08 JUNE 2026 PC:- 1.
This Bail Application is listed as Sr. No. 55 on today's "Daily Board".
2.
At 11.00 a.m., Mr. Ajay Bhise, learned Advocate for the Applicant, mentioned this matter and requested that this Application be taken out of turn in view of the order dated 13th May 2026 passed by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No. 8383-8384/2026, by which the Hon'ble Supreme Court has issued the following directions to this Court in paragraph Nos. 3 and 4 :-
"3. We are of the view that the petitioner should pursue her bail application which is pending before the High Court.
4.
The Petitioner being a lady and a single mother of three minor children, the High Court shall see to it that the bail application is heard finally on 08.06.2026 as fixed and an appropriate order be passed in accordance with law." 3.
In view of the order dated 13th May 2026, this Bail Application is taken up out of turn.
4.
By this Application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), the Applicant seeks bail in C.R. No. 552 of 2025, registered at Khadak Police Station, Pune City, for offences punishable under Sections 201, 316(2), 316(5), 318(3), 318(4), 336(3), 336(4), 338, 340(2), 61(2) and 3(5) of the BNSS.
5.
There are nine accused in C.R. No. 552 of 2025. Applicant is Accused No.8.
6.
Upon completion of the investigation, Chargesheet was filed and the same has been registered as Regular Criminal Case No. 420 of 2026, which is pending before the Court of the Judicial Magistrate First Class, Pune ("Magistrate").
7.
The prosecution case is that the Applicant, on the basis of a power of Attorney obtained from Vatandars created a document (Application dated 30th December 2024) to claim a right over the property bearing Survey No. 88 situated at Mauje Mundhwa, under the provisions of the Bombay Inferior Village Watans Abolition Act, 1958. Applicant submitted the said Application dated 30th December 2024 to the office of the Collector, along with
a Demand Draft for Rs. 11,000/-. Based on the said Application and the payment made by Demand Draft, right to the said property was claimed. Thereafter, a Sale Deed dated 20th May 2025 was executed by the Applicant, in favour of M/s. Amadea Enterprises LLP, represented by Digvijay Amarsinha Patil (Accused No. 9). Suryakant Yewale, the Tahsildar (Accused No.1) in the capacity of Tenancy Authority, recognised the ownership rights based on the Application dated 30th December 2024 and issued the letter dated 9th June 2025. Applicant is alleged to have conspired with the other Accused in C.R. No. 552 of 2025 and to have illegally enriched herself. The FIR was registered on the basis of the complaint lodged by the Sub-Divisional Officer, Pune Division, Pune.
8.
The Applicant was arrested on 3rd December 2025 and has remained in jail since then. The Criminal Bail Application No. 170 of 2026, filed by the Applicant, was rejected by the Additional Sessions Judge, Pune, vide order dated 6th February 2026. 9.
Mr. Ajay Bhise, learned Advocate for the Applicant, submits that the Applicant filed the Application dated 30th December 2024 along with a Demand Draft of Rs.11,000/- in terms of the provisions of the Maharashtra Inferior Village Watans Abolition Act and thereafter executed a Sale Deed in favour of M/s. Amadea Enterprises LLP (Accused No.9). He submits that the letter dated 9th of June 2025 was issued by Accused No.1 at the request of Accused No.9. He submits that the Applicant has no role in the allegations or acts pertaining to the Revenue Authorities. He submits that the Applicant is the only Accused arrested in the crime. He submits that the Applicant has cooperated with the
investigation and has even handed over the documents to the Respondent. He submits that the custody of the Applicant is not required. In addition to the above submissions, he submits that the Applicant is a single mother and a caregiver of three minor children. He submits that the Applicant is separated from her husband. He submits that the minor children are deprived of their mother and there is no one to take care of the minors. He, therefore by relying on the Proviso to Section 480 of the BNSS, submits that the Applicant (woman) be released on bail. 10.
Mr. Shishir Hiray, learned Chief Public Prosecutor for the Respondent-State, submits that the Applicant's complicity in the crime is established. However, in all fairness, he submits that the case of the Applicant (woman) can be considered under the proviso to Section 480 of the BNSS. He submits that stringent conditions may be imposed on the Applicant. He further submits that the observations in this order be restricted to the case of the Applicant.
11.
Perused the records with the assistance of the learned Advocates.
12.
Paragraph 23(i) of the Application reads as follows :- "23(i) That the Applicant is a woman accused, a single mother, and the sole caregiver of three minor children, and is also suffering from chronic medical ailments, thereby squarely attracting the proviso to Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warranting liberal consideration in the matter of grant of bail."
13.
Though Respondent/State had filed a detailed Reply dated 10th April 2026, running into 50 paragraphs, the contents of
paragraph 23(i) are not denied. Request of the Applicant therefore can be considered in terms of First Proviso to Section 480(1) of BNSS.
14.
The prosecution case is predominantly founded on documentary evidence, which is already in custody of the Respondent. The Respondent does not allege non-cooperation by the Applicant during the Investigation. No recovery is sought to be effected from the Applicant. Accused No.1 (Tahsildar) is protected by an interim order dated 05 January 2026 passed by this Court in Anticipatory Bail Application No.8 of 2026. Regular Criminal Case No. 420 of 2026, is triable by the Court of the Magistrate. 15.
Considering the aforesaid facts, the Applicant, being a single mother and a caregiver to three minor children, has been in jail since 3rd December 2025. Further, custody of the Applicant is not warranted pending trial of Regular Criminal Case No.420 of 2026. 16.
Mr. Ajay Bhise, learned Advocate for the Applicant, on instructions from the Applicant, states that the Applicant will not enter the jurisdiction of the Pune Revenue District until the framing of the charge. Statement accepted.
17.
In view of above, this Bail Application is allowed on the following conditions.
(a) Applicant is directed to be released on bail in connection with C.R. No. 552 of 2025 registered with Khadak Police Station, Pune City, upon furnishing a P.R. Bond in the sum of Rs. 2,00,000/- (Rupees Two Lakhs only) with one or two sureties, each in the like amount,
to the satisfaction of the Judicial Magistrate First Class, Pune.
(b) Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade that person from disclosing the facts to the Court or any police officer and shall not tamper with evidence. (c) Applicant shall, within three (3) days of her release from jail, provide to the Investigating Officer, Khadak Police Station, Pune City, her residential address with proof, the contact numbers, e-mail and must inform the Investigating Officer about the change in the same from time to time.
(d) Applicant shall deposit her passport with the Court of the Judicial Magistrate First Class, Pune in Regular Criminal Case No. 420 of 2026, within three (3) days of her release from jail.
(e) Applicant shall report to the Investigating Officer, Khadak Police Station, Pune City, twice a month, i.e. on the 2nd and 4th Saturdays of every month, from 11.00 am to 12.00 noon, till the framing of charge in Regular Criminal Case No. 420 of 2026.
(f) Applicant shall regularly appear before the Judicial Magistrate First Class, Pune in Regular Criminal Case No. 420 of 2026, as and when the matter is fixed, unless specifically exempted.
(g) Till the framing of charge in Regular Criminal Case No. 420 of 2026, the Applicant shall not enter the jurisdiction of the Revenue District of Pune except for marking her appearance before the Investigating Officer, Khadak Police Station, Pune City and appearing before the Judicial Magistrate First Class, Pune in Regular Criminal Case No. 420 of 2026 as and when the matter is fixed.
(h) Applicant shall not travel outside the State of Maharashtra without obtaining prior written permission from the Investigation Officer, Khadak Police Station, Pune City.
18.
Mr. Ajay Bhise, learned Advocate for the Applicant, requests the furnishing of cash surety for a period of two weeks. Mr. Ajay Bhise, on behalf of and on instructions of the Applicant, undertakes to furnish regular surety within two weeks from today. The statement made by Mr. Ajay Bhise is accepted. The Applicant is permitted to furnish cash surety for a period of two weeks from today.
19.
Observations in this order are prima facie and limited to the case of the Applicant.
20.
Criminal Bail Application No.612 of 2026 is disposed of. (ASHWIN D. BHOBE, J.)