Allowed

Maya Bhaskar Sawant v. the State of Maharashtra

Bombay HC4 Mar 2021BA/1223/2019

Case brief

AI extract

What is this about?

The Court allowed a subsequent criminal bail application filed for humanitarian grounds, wherein the applicant's only son with moderate mental retardation requires her care while the family has no male member to look after him.

What did the court decide?

Enlargement on bail on furnishing a P.R. Bond of Rs. 25,000/- and one or more solvent sureties with the like amount; monthly reporting to Police Station.

Maya Bhaskar Sawant Vs the State of Maharashtra — Pension and Retirement Benefits | Bombay HC (2021)

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5-ba-1223.19.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1223 OF 2019

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Maya Bhaskar Sawant

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...Applicant

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V/s.

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State of Maharashtra…Respondent

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Mr. Uday Warunjikar, for the Applicant.

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Ms. P.P. Shinde - APP for the State.

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Digitally signed by Pallavi M. Pallavi M. Wargaonkar Wargaonkar Date: 2021.03.05 17:25:30 +0530

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P.C. :

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CORAM:SMT. SADHANA S. JADHAV, J.
DATED:4th MARCH 2021.

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1. Heard the learned APP and the learned counsel for the

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applicant.

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2. This Court had rejected the application under section 439

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of Cr.P.C filed by the present applicant on 12th July 2018. The applicant
is arrested in Crime No.286 of 2017 on 8th July 2017. The investigation

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was completed and charge sheet was filed. However, taking into
consideration the facts of the case and the gravity of the offence, this

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Court had rejected the said application. Hence, this is a subsequent
application seeking enlargement on bail. Application filed by the

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present applicant was rejected on 12th July 2018. However, it appears
that the applicant had subsequently filed an application before the trial
Court under section 439 of Cr.P.C. By that time, the complainant was
won over and on 27th July 2018, during the pendency of the said
criminal bail application, the complainant had filed an affidavit
exonerating the applicant in Crime No.286 of 2017.

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3.This is a subsequent application and the applicant herein is
praying for enlargement on bail on the ground of illness of her son viz.
Amol Bhaskar Sawant. The son of the applicant viz. Amol is diagnosed
with moderate mental retardation to the extent of 60%. The learned
APP has placed on record a report which shows that Amol was
admitted in the Regional Mental Hospital at Yerwada, Pune on 27th
October 2020 and is discharged on 21st January 2021. The Mental
Hospital has diagnosed him with sub-normal intelligence. It is
submitted that the son of the applicant is unable to pursue his daily
chores. There is no male member in the family to look after him. Two
daughters of the present applicant are married and are residing in their
matrimonial home whereas third daughter is at present only bread
earner in the family. The son of the applicant is 32 years old and he

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needs to be looked after. The learned counsel for the applicant submits
that the applicant herein is seeking enlargement on bail on
humanitarian grounds and that, as a mother, it would be the duty to
look after her only son. She has been in custody for more than three
years. No doubt, that the main indictment against the applicant is that
for extortion and threatening the complainant.

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4.Taking into consideration the health of the only son of the
applicant, this Court is of the opinion that although the earlier
application was rejected on merits, the applicant herein deserves to be
enlarged on bail on humanitarian grounds. Hence, the following
order :

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ORDER

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(i)The application is allowed;

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(ii) The applicant be enlarged on bail on furnishing P.R. Bond
in the sum of Rs.25,000/- and one or more solvent sureties
with the like amount;

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(iii)The applicant shall report to Bhosari Police Station on the
first Monday of each month till the commencement of the
trial. Upon failure to attend the Police Station on more than

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two occasions, the prosecution is at liberty to file an

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application seeking cancellation of bail;

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(iv)Application is disposed of on above terms.

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(SMT. SADHANA S. JADHAV, J)

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Maya Bhaskar Sawant v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Maya Bhaskar Sawant v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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