The court rejected the applicant's second bail application, finding her to be a habitual offender involved in forcing women into marriages and forging documents. The court held that the filing of the charge-sheet did not alter the circumstances to warrant release given her criminal history and the serious nature of allegations.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
9-BA-154-2024.doc
Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.154 OF 2024
SHABNOORAYUBPATHAN Digitallysigned bySHABNOORAYUBPATHANDate:2024.03.2217:06:32+0530
Varsha Bajrang Jadhav … Applicant V/s. State of Maharashtra … Respondent
Mr. Kuldeep Patil a/w Mr. Nikhil G. Hire, & Mr. Soham Powar i/by Ms. Saili Naresh Dhuru, for Applicant.
Mr. Pankaj P. Deokar, APP for State/Respondent.
CORAM : AMIT BORKAR, J.
DATED : MARCH 22, 2024
P.C.:
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9-BA-154-2024.doc
lodged a report stating that on 15 April 2023, she met her friend Sangita Yadav at Icchalkaranji stand to whom she explained her need of employment to complete her daily needs as she is widow. Sangita provided the informant applicant’s contact number. The informant, therefore, called the applicant. The applicant assured her that she will get monthly income of Rs.50-60 thousand and called her to meet her in Karad, District Satara. The applicant promised her that she will get Rs.50-60 thousand per month, if she marry with a person named by the applicant. The informant was not ready. However, the applicant forced her to marry with the said person considering the informant’s dire need. The applicant arranged their marriage on 1st May 2023 with a 65 years old person named as Shankar Jagtap. However, after marriage Shankar Jagtap came to know that the informant belongs to the Muslim community. He, therefore, refused cohabit with the informant. The applicant thereafter introduced the informant with another person Umesh Mali at Hugalwadi Taluka Valwa District Sangli and forced her to marry with him on 9th May 2023. The applicant and other co-accused took all the gold ornaments given to the informant by Umesh Mali at the time of her marriage. The applicant thereafter called the informant to come to Karad and if she fails, she will have to face dire consequences. The informant, therefore, reached Karad and when she was waiting at Meeraj stand Walsewadi, she met one social worker Prashant Sadavarte to whom she narrated entire incidents. While she was waiting at Walsewadi stand, the applicant along with her brother reached the spot in her 4 wheeler car. She started threatening the informant
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and forced her to get into the car. She took her to Sangli Road and forcibly compelled her to another marriage with another person and she will get Rs.1 lakh in her bank account and asked the informant’s photograph for creating forged Aadhar-Card for preparing forged identity of her. After the said incident, the informant started shouting and thereby people gathered at the spot. They rescued the informant. She, therefore, lodged report against the applicant under Sections 366, 464, 465, 468, 420, and 406 r/w 34 of IPC with the concerned police station. An earlier bail application was dismissed as withdrawn by this Court.
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9-BA-154-2024.doc
applicant are serious in nature. It appears that she is in habit of exploiting poor and needy women. Prima facie, it appears that she assures such women that they will get handsome monthly income and force them to perform marriage with the persons in the society. The identities of women like informant are not disclosed to the persons with whom marriage is performed. The allegations against the applicant are of forcing women like informant to perform marriage with third parties by forging documents for changing identities of women. Considering her past commission of similar types of offences the possibility of commission of similar offences in future cannot be ruled out. Therefore, in my opinion, merely by filing of charge-sheet, there is no change in circumstances which entitles the applicant for release on bail.
(AMIT BORKAR, J.)
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2 issues framed by the court
Whether filing of charge-sheet constitutes a change in circumstances entitling the habitual offender to bail?
Whether the applicant poses a risk of absconding, tampering with evidence, or spreading HIV disease?
1 provisions across 1 enactments
Varsha Bajrang Jadhav
State of Maharashtra
Amit Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
