Allowed¶27

The State of Mah. Thr. Pso Ps Chandrapur City Dist.Chandrapur v. Chandresh @ Chotu Deshraj Suryawanshi

Bail Cancellation – Breach of Condition

Bombay HC9 Oct 2025APPLN/2/2024

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Case brief

AI extract

What is this about?

Cancellation of bail; breach of bail condition (iii) — entry into Chandrapur District; FIR Crime No.539/2021 (IPC Ss.307, 120-B, 201; Arms Act Ss.3, 25); FIR No.938/2023 and chargesheet CC No.97/2024; FIR No.1113/2023 and charge-sheet CC No.3/2024; applicant State of Maharashtra through PSO, PS Chandrapur City; Mr. S.M. Ukey, APP; Mr. R.M. Daga for non-applicant Chandresh @ Chotu Deshraj Suryawanshi; Coram Rajnish R. Vyas, J.; High Court of Judicature at Bombay, Nagpur Bench; Criminal Application No. 02 of 2024; decided 09.10.2025; surrender within one week.

What did the court decide?

Cancellation of bail granted vide order dated 26.07.2023; non-applicant directed to surrender within one week. ¶27

The State of Mah. Thr. Pso Ps Chandrapur City Dist.Chandrapur Vs Chandresh @ Chotu Deshraj Suryawanshi — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Cancellation of bail granted vide order dated 26.07.2023; non-applicant directed to surrender within one week.

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Issue for consideration

Whether the non-applicant/accused breached condition (iii) of the bail order dated 26.07.2023 (not to enter the jurisdiction of Chandrapur District except for attending trial Court dates), warranting cancellation of his bail.

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Court's answer

From FIRs Nos. 938/2023 and 1113/2023 and the stand taken by the State in paragraph No.6 of the application, it is crystal clear that the non-applicant/accused entered Chandrapur District though directed otherwise, i.e., he breached condition (iii) of the bail order dated 26.07.2023.

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Ratio / Principle

As the non-applicant breached the bail condition and has no respect for law, the State's application for cancellation of bail is allowed; the bail granted vide order dated 26.07.2023 is cancelled and the non-applicant is directed to surrender within one week.

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Detailed headnote1 paragraphs

Bail Cancellation — Breach of Condition — State's Criminal Application No. 02 of 2024 for cancellation of regular bail granted to the non-applicant/accused (Chandresh @ Chotu Deshraj Suryawanshi) vide order dated 26.07.2023 in Criminal Application (BA) No.459/2023, subject inter alia to condition (iii) that he shall not enter the jurisdiction of Chandrapur District except for attending the dates in the trial Court. Subsequent FIR No.938/2023 dated 11.09.2023 (IPC Ss.341, 294, 324, 323, 506 r/w 34; chargesheet CC No.97/2024) and FIR No.1113/2023 dated 26.10.2023 (IPC Ss.143, 147, 148, 149, 324, 323, 294, 506; charge-sheet CC No.3/2024) recorded incidents within Chandrapur District (Ballarpur) naming the non-applicant as accused. Holding that the non-applicant had entered Chandrapur District in breach of the condition and had no respect for law, the Court allowed the State's application, cancelled the bail granted on 26.07.2023 and directed the non-applicant to surrender within one week. (Paras 4-10)

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1 / 4 10.appln02.2024

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL APPLICATION NO. 02 OF 2024

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State of Maharashtra, Thru. PSO, PS Chandrapur City, Dist. Chandrapur Vs.

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Chandresh @ Chotu Deshraj Suryawanshi

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Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

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Court's or Judge's Orders.

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Mr. S.M. Ukey, APP for applicant/State.

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CORAM : RAJNISH R. VYAS, J. DATE : 09.10.2025

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Heard Mr. Ukey, learned Assistant Public Prosecutor appearing for the applicant/State. Though non-applicant/accused is served long back, none has put appearance for him.

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Vide order dated 13.12.2024 one more opportunity was granted to the non-applicant to represent but today also, nobody is present.

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Be that as it may, this is an application for cancellation of bail preferred by the State. It is the contention of the learned Assistant Public Prosecutor that First Information Report bearing Crime No.539/2021 was registered against the non-applicant for commission of offences punishable under Sections 307, 120-B and 201 of

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Prity

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2 / 4 10.appln02.2024

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the Indian Penal Code and Sections 3 and 25 of the Arms Act against the non-applicant.

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Non-applicant, after rejection of his bail application by the Sessions Court, for grant of regular bail approached this Court by preferring Criminal Application (BA) No.459/2023, which came to be allowed vide order dated 26.07.2023. While releasing the non-applicant on bail, certain conditions were put including condition at Clause (iii), which is reproduced below :

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“(iii) The applicant shall not enter in the jurisdiction of Chandrapur District, except for attending the dates in the trial Court.”

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Condition No.(iii) mandates that the nonapplicant/accused shall not enter in the jurisdiction of Chandrapur District, except for attending the dates in the trial Court.

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Learned Assistant Public Prosecutor has invited my attention to page 19 which is the First Information Report dated 11.09.2023 bearing No. 938/ 2023 for commission of offences punishable under Sections 341, 294, 324, 323, 506 read with Section 34 of the Indian Penal Code. In the said First Information Report, one Vijay Nishad has named non-applicant as an accused by further stating that on 10.09.2023 when he

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Prity

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3 / 4 10.appln02.2024

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was at WCL ground near Ballarpur, three persons came on vehicle and abused so also assaulted informant therein. One of the person also said that he is don Chotu Suryawanshi. According to learned APP, investigation of said FIR No.938/2023 has culminated in filing of chargesheet bearing CC No.97/2024.

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Learned APP has also invited my attention to one more First Information Report bearing No.1113/2023 dated 26.10.2023 for commission of offences punishable under Sections 143, 147, 148, 149, 324, 323, 294 and 506 of the Indian Penal Code lodged by one Raj Kaithwas. In the First Information Report, in short, it was alleged that on 25.10.2023, when there was a festival of emergence of Goddesses Durga, at about 10.30 p.m., the non-applicant came on vehicle and assaulted the informant therein by means of fists and blows so also abused him in filthy language. This incident had taken place in Santoshi Mata Ward Ballarpur, District Chandrapur.

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The aforesaid First Information Report was investigated and has resulted into filing of charge-sheet bearing CC No.3/2024. Thus, it is crystal clear from the aforesaid First Information Reports so also stand taken by the State in paragraph No.6 of the application that nonapplicant/accused has entered Chandrapur District though directed otherwise.

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Prity

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4 / 4 10.appln02.2024

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Learned APP has also brought to my notice crime chart of the non-applicant at Page 29 and 30 which shows that several offences for bodily injury are registered against the non-applicant. It is thus crystal clear that nonapplicant has breached condition. Since non-applicant has no respect for law, present application is allowed.

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Bail granted vide order dated 26.07.2023 is cancelled. Non-applicant is directed to surrender within one week from today.

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After dictating order in open Court, after ½ an hour Mr. R. M. Daga appeared for the non-applicant and stated that he has filed his Vakalatnama for nonapplicant. He has argued that there is no breach of condition. He has also pointed out that the FIR registered against his clients are out of vengeance. Be that as it may, I have already stated that there is breach of condition and therefore, for the reasons stated, the application of State is allowed.

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(Rajnish R. Vyas, J.)

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Prity

The State of Mah. Thr. Pso Ps Chandrapur City Dist.Chandrapur v. Chandresh @ Chotu Deshraj Suryawanshi

Case brief

What is this about?

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The State of Mah. Thr. Pso Ps Chandrapur City Dist.Chandrapur v. Chandresh @ Chotu Deshraj Suryawanshi

Case brief

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What did the court decide?

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What the court decided

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