Girish Mahesh Bhambhani vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

Girish Mahesh Bhambhani vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail: in the event of arrest in FIR No.288/2023, release on bail till conclusion of trial on furnishing P.R. bond of Rs.30,000/- with one or two sureties of like amount, subject to conditions of not dissuading witnesses and not tampering with evidence; application disposed of.

Issue for consideration

Whether the applicant (husband) is entitled to anticipatory bail (pre-arrest bail) in connection with FIR No.288/2023 registered with Kasarvadavali Police Station, Thane City, for offences punishable under Sections 506, 504, 498-A, 323 read with 34 IPC.

Court's answer

The anticipatory bail application is allowed.

Ratio / Principle

In the event of arrest in connection with FIR No.288/2023 (Kasarvadavali Police Station, Thane City), the applicant shall be released on bail till the trial is concluded, on furnishing a P.R. bond of Rs.30,000/- with one or two sureties of the like amount.

Key takeaways

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade disclosure, and shall not tamper with evidence.ratio¶¶24
Since the investigation is complete, the charge-sheet has been filed and the APP stated there is no need to arrest the applicant, the applicant must be protected till the time he attends the Court proceedings.ratio¶¶16

Detailed headnote1 paragraphs

Bombay High Court (Rajesh S. Patil, J.) allowed the anticipatory bail application of the husband-applicant in FIR No.288/2023 (Kasarvadavali Police Station, Thane City) registered under Sections 506, 504, 498-A, 323 read with 34 IPC on the complaint of his wife. Of four accused, three in-laws had already been granted pre-arrest bail by the Sessions Court, which had rejected only the husband's application. The applicant resides and works in Dubai since 2021; the marriage (31.05.2017) had broken down with separation from 15.08.2018 and no divorce proceedings filed. The learned APP stated that investigation was complete, the charge-sheet filed, and there was no need to arrest the applicant. Holding that the applicant must be protected till he attends Court proceedings, the Court directed that in the event of arrest he be released on bail till the trial concludes on a P.R. bond of Rs.30,000/- with one or two sureties of like amount, with conditions against inducement/threat/promise to dissuade witnesses and against tampering with evidence. Application disposed of.

2025:BHC-AS:5884

Diksha Rane 2. ABA 2751-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 2751/2024

GIRISH MAHESH BHAMBHANI ..APPLICANT VS. THE STATE OF MAHARASHTRA & ANR. ..RESPONDENTS

Adv. Shivamsinh Deshmukh for applicant. Mr. Nitin B. Patil, APP for State. Mr. Sandeep Satkar for respondent no.2. PSI Nagesh Pisal, Kasarvadvali Police Station, Thane City.

CORAM : RAJESH S. PATIL, J.

DATE : FEBRUARY 6, 2025.

P.C. :

1. This application is filed by the applicant for pre-arrest bail in connection with the First Information Report (FIR) No.288/2023 registered with Kasarvadavali Police Station, Thane City, for the offence punishable under Sections 506, 504, 498-A, 323 read with 34 of the Indian Penal Code.

2. The present proceeding arises out of the complaint filed by respondent no.2/wife against the applicant/husband and her in-laws under Sections 506, 504, 498-A, 323 read with 34 of the Indian Penal Code. There are total four accused, out of the four accused three

1

Diksha Rane 2. ABA 2751-24.doc

accused have already been granted pre-arrest bail by the Sessions Court. Only the anticipatory bail application filed by the present applicant/husband is rejected by the Sessions Court. Though the applicant and respondent no.2 got married on 31^st May 2017, they started living separately from 15^th August 2018. As of today, no divorce proceedings have been filed by any of the party. The applicant/husband is staying in Dubai from 2021, and he is working there. The respondent/wife is working in a corporate TCS as the HR Manager. There are several allegations made in the FIR against the applicant/husband and the in-laws.

3. The learned APP appearing for the State submits that as of today there is no need to arrest the applicant. The investigation is complete and the charge-sheet has already been filed.

4. In view of the same, the applicant must be protected till the

time he attends the Court proceedings. Hence, the following order:

ORDER

(a) The anticipatory bail application is allowed.

(b) In the event of arrest, in connection with the FIR No.288/2023 registered with Kasarvadavali Police Station, Thane City, the applicant shall be released on bail, till the trial is concluded, on

2

Diksha Rane 2. ABA 2751-24.doc

furnishing P.R. bond to the extent of Rs.30,000/- with one or two sureties of the like amount.

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence.

5. The anticipatory bail application is disposed of.

(RAJESH S. PATIL, J.)

3

Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 06/02/2025 19:10:39