Dismissed¶32

Manisha Houshiram Ethape v. State of Maharashtra

Bombay HC20 Feb 2025APPLN/315/2024

Case brief

AI extract

What is this about?

Bombay High Court; Criminal Application No. 315 of 2024; decided 17.06.2025 by Ashwin D. Bhobe, J.; cancellation of bail; violation of bail condition; quashing of bail-granting order dated 24.04.2023; Criminal Bail Application No. 2324/2023; Crime No. 1054 of 2023; Section 439(2) CrPC; Section 483(3) BNSS; State of Karnataka v. Vinay Rajashekharappa Kulkarni (SLP (Criminal) No. 7865 of 2025); Gurcharan Singh; Additional Sessions Judge Pune; leave to withdraw; dismissed as withdrawn with liberty.

What did the court decide?

Application dismissed as withdrawn with liberty as prayed; leave granted to move an appropriate cancellation-of-bail application before the Additional Sessions Judge, Pune in Crime No. 1054 of 2023. ¶32

Manisha Houshiram Ethape vs State of Maharashtra — Bail and Remand | Bombay HC (2025)

What the court decided

AI extract

Outcome

Application dismissed as withdrawn with liberty as prayed; leave granted to move an appropriate cancellation-of-bail application before the Additional Sessions Judge, Pune in Crime No. 1054 of 2023.

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Issue for consideration

Whether the bail granted to Respondent No. 2 by the learned Additional Sessions Judge, Pune should be cancelled on the ground of violation of the bail condition imposed by that Court. +1 more

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Ratio / Principle

This Court granted leave to the Applicant to withdraw the present Application, with liberty to file an appropriate application before the Court of Additional Sessions Judge, Pune in Crime No. 1054 of 2023 seeking cancellation of bail on the grounds of violation of bail condition; in the event such an application is filed, the learned Sessions Court shall consider the same on its own merits and in accordance with law.

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Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Ashwin D. Bhobe, J. — Criminal Application No. 315 of 2024, decided 17 June 2025 — Manisha Houshiram Ethape v. The State of Maharashtra & Anr. The Applicant sought quashing of the order dated 24.04.2023 passed by the learned Additional Sessions Judge, Pune below Exh. 1 in Criminal Bail Application No. 2324/2023 releasing Respondent No. 2 on bail, and his committal to custody, alleging violation of a bail condition. Counsel relied on paragraph 17 of the Supreme Court's decision in State of Karnataka v/s. Vinay Rajashekharappa Kulkarni (SLP (Criminal) No. 7865 of 2025), wherein the Supreme Court observed (quoting Gurcharan Singh (Supra)) that a Court of Sessions which imposed bail conditions is entitled under Section 439(2) of the CrPC (now Section 483(3) of the BNSS) to entertain a cancellation application notwithstanding that the bail was granted by a Constitutional Court. On instructions, the Applicant sought leave to withdraw the Application and to move an appropriate cancellation application before the Additional Sessions Judge, Pune in Crime No. 1054 of 2023. Leave was granted; the Sessions Court was directed to consider any such application on its own merits and in accordance with law. Criminal Application No. 315 of 2024 was dismissed as withdrawn with liberty as prayed.

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Digitally signed ARUNA by ARUNA SANDEEP SANDEEP TALWALKAR TALWALKAR Date: 2025.06.17 19:51:53 +0530

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2.APPLN315.2024.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO. 315 OF 2024

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Manisha Houshiram Ethape. ... Applicant. Vs. The State of Maharashtra & Anr. ... Respondents.

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Mr. Jay Salunke h/f. Mr. Nitin Gaware Patil, Advocate for the Applicant.

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Mr. V.N. Sagare, APP for Respondent/State.

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Mr. Vijay Dighe, Advocate for Respondent No. 2.

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PSI Anil Sarjerao Chavan, Ranjangaon MIDC Police Station, Pune.

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CORAM : ASHWIN D.BHOBE, J. DATE : 17^th JUNE, 2025.

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P.C. :

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Heard Mr. Jay Salunke, learned Advocate for Applicant

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and Mr. V.N. Sagare, learned APP for State.

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By the present Application, the Applicant has sought for the

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following relief :

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“B) Quash and set aside the impugned order dated 24.04.2023, passed by learned Additional Sessions Judge, Pune below Exh. 1 in Criminal Bail Application No. 2324/2023, and the respondent No. 2 may kindly be committed to custody by effecting his arrest and for that purpose issue necessary orders.”

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3. Respondent No. 2 was released on bail by the Court of the

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learned Additional Sessions Judge by its order dated 24^th April, 2023 passed below Exh. 1 in Criminal Bail Application No. 2324 of 2023.

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Mr. Jay Salunkhe, learned Advocate for the Applicant submits that the Applicant is seeking cancellation of bail granted to the Respondent No. 2 on the ground of violation of bail condition imposed by the learned Additional Sessions Judge.

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The Hon’ble Supreme Court in the case of State of Karnataka v/s. Vinay Rajashekharappa Kulkarni¹ has observed in

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paragraph-17 as under :

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“17. The aforesaid position taken by the Learned Trial Court is not in consonance with the decision of this Court in Gurcharan Singh (Supra). More so in view of the fact that this Court directed the Respondent to be enlarged on regular bail on such conditions as the Learned Trial Court deemed appropriate, albeit illustratively listing down certain condition. In this context, the Learned Trial Court i.e., being a Court of Sessions was entitled SLP (Crl.) No. 7865 of 2025 Page 11 of 12 to entertain an application under Section 439(2) of the CrPC (now 483(3) of the BNSS) seeking cancellation of bail on the grounds of violation of

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1 SLP(Criminal) No. 7865 of 2025.

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bail conditions imposed by it; notwithstanding the fact that bail was granted by a Constitutional Court.”

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In view of the above, Mr. Jay Salunke, learned Advocate for the Applicant on instructions from the Applicant crave leave to withdraw the present Application and to move appropriate Application before the Court of Additional Sessions Judge, Pune in Crime No. 1054 of 2023 seeking cancellation of bail on the grounds of violation of bail condition. Leave granted. In the event, any such application is filed, the learned Sessions Court shall consider the same on its own merits and in accordance with law.

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In view of the above, Criminal Application No. 315 of 2024 is dismissed as withdrawn with liberty as prayed.

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[ ASHWIN D.BHOBE, J.]

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Talwalkar

Manisha Houshiram Ethape v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Manisha Houshiram Ethape v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

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What the court decided

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