Bombay High Court

Saanen Kuresh Sutterwala vs The State Of Maharashtra on 30 September, 2025

2025:BHC-AS:41589

Shivgan 903-Appln-367-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 367 OF 2025
(For Cancellation of Bail)

The State of Maharashtra ...Applicant
Versus
Aakash Sandhi Bindu ...Respondent

WITH
INTERIM APPLICATION (ST) NO.19317 OF 2025
(For Intervention)
IN
CRIMINAL APPLICATION NO. 367 OF 2025
Saanen Kuresh Sutterwala ....Applicant
Versus
The State of Maharashtra ...Respondent

Ms Megha S Bajoria, APP for the Applicant-State in
Appln/367/2025.
Mr Shlok Saraogi, for the Respondent-Accused in
Appln/367/2025.
Mr Shivamsinh Deshmukh, with Tarun Shetty, for the
Applicant in IAST/19317/2025.
Mr Sachin Khondre, PI attached to D N Nagar Police Station,
Mumbai present.

CORAM DR. NEELA GOKHALE, J.
DATED: 30th SEPTEMBER 2025

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ORAL JUDGMENT:-

1. This is an Application moved by the State, seeking recall

of the order dated 24th February 2025 passed by the

Additional Sessions Judge at Dindoshi (Borivali Division),

Goregaon, Mumbai in Criminal Bail Application No.119 of

2025 in C.R. No.1309 of 2024 registered with D.N. Nagar

Police Station. Vide the said order, the Sessions Court,

Mumbai has enlarged the Respondent-Accused on bail subject

to the conditions mentioned therein. By way of the present

Application, the State seeks cancellation of the said bail order

on several grounds. The Respondent-Accused, along with 2

other accused, is alleged to have committed offences

punishable under Sections 70(1), 115(2), 351(2), 123, 3(5)

of the Bharatiya Nyaya Sanhita, 2023.

2. There is also an Intervention Application (St) No.19317

of 2025 made on behalf of the Victim-Complainant seeking to

intervene in the present Application and advance submissions.

The said Intervention Application is allowed.

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3. As per the prosecution, the offending part of the

Impugned Order is contained in paragraph nos.5, 6 and 7

which read as thus:

"5. The learned Advocate for accused drawn
attention to the medical papers filed alongwith charge-
sheet and submitted that medical examination of the
victim was immediately conducted and no fresh injury
was found, which prima facie show that there was no
such incident happened as alleged by the informant.

6. From the story narrated in first information
report prima facie it appears that relations between
informant and accused Shabbir Rangunwala were since
long Informant was knowing him since ten years. She
went to him on his call voluntarily. In the history no
previous incident from him is narrated. On the basis of
medical evidence though there are external injuries
found on person of informant, then also on
examination of private parts of the informant no fresh
injuries was seen. Informant was examined by medical
officer immediately on 10.12.2024. It is within 24
hours of the alleged incident.

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7. Investigation of the case is now completed.
Trial would take its own time. In such circumstances. I
am of the opinion that basis allegations are against
accused Mustafa Rangunwala of assault and forceful
sexual intercourse with informant. In such
circumstances indefinite detention of the applicant is
not required. Taking into consideration the grounds
that marriage of the applicant is scheduled on 01.03.
2025, I am of the opinion that by imposing stringent
conditions applicant may be released on bail. Hence, I
proceed to pass the following order:"

4. Ms. Megha Bajoria, learned APP representing the State,

submits that there are several infirmities in the said bail order,

which are as follows:

(i) According to her, the Trial Court has not appreciated the

medical evidence in respect of the Victim-Complainant in its

proper perspective inasmuch as that the Trial Court has held

that although, there are external injuries found on the person

of the Victim-Complainant, no fresh injuries are seen on her

private parts;

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(ii) The Trial Court failed to appreciate the statement of the

Victim-Complainant recorded under
Section 164
of the Code

of Criminal Procedure, 1973 ('
Cr.P.C
.' for short);

(iii) That the marriage of the Respondent-Accused is

scheduled on 1st March 2025 cannot be the basis for grant of

bail to the Respondent-Accused;

(iv) The premises in which the alleged act/offence took

place, were rented premises of the Respondent-Accused;

(v) A Mobile phone containing indecent photos of the

Victim-Complainant, was recovered from Accused no.1. The

said photographs were part of the supplementary charge-

sheet, yet the Trial Court failed to consider them;

(vi) The statement of the uncle of the Victim-Complainant

specifically stating that the Victim-Complainant tried to

contact him for help, lending credibility to the story of the

victim, has not been considered at all by the Trial Court;

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(vii) Medical report of the Victim-Complainant clearly shows,

injuries on her head. The final opinion of the Doctor also

records evidence of physical violence in terms of the head

injury, scratch marks, etc., on her person, which has been

totally overlooked by the Trial Court;

5. In support of her submissions, Ms. Bajoria has tendered

the entire charge-sheet including the supplementary charge-

sheet. The same are taken on record. She thus, submits that

despite all the aforesaid aspects being part of the charge-

sheet/supplementary charge-sheet and despite the fact that

minimum punishment for the said offence is 20 years, the

Trial Court allowed the Bail Application. She submits that the

Trial Court thus, erred in granting bail to the Respondent-

Accused.

6. Mr. Shivamsinh Deshmukh, learned counsel appearing

for the Intervenor, supports the contentions of Ms. Bajoria.

Additionally, he submits that common intention of committing

the offence of gang rape is implicit, right from the beginning

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as seen from the conduct of all three Accused. He drew my

attention to the spot panchanama, which reveals that there

was a ladies undergarment, found at the spot of the incident.

He also drew my attention to the statement of the owner of

the flat, who states that the flat was rented out to the

Respondent No. 1- Accused. He placed on record several

decisions of the Supreme Court, in support of his arguments.

He thus, prays that the bail granted to the Respondent-

Accused, be cancelled.

7. Per contra, Mr. Shlok Saraogi, learned counsel appearing

for the Respondent-Accused defended the impugned order. He

submits that there are discrepancies in the FIR and the

statement of the Victim-Complainant recorded under
Section
of the Cr.P.C. inasmuch as the victim has improved her

story in her 164 statement. He also submits that the Victim-

Complainant is said to have telephoned her brother before

11.30 p.m. but in the CCTV footage, she was seen entering the

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building at 11.31 p.m. He thus, supports the order passed by

the Trial Court and prays that the Application be rejected.

8. Heard all the counsels for the parties and perused the

record with their assistance. Upon taking into account the

entirety of the case, it appears that the impugned order

requires intercession. A plain reading of the order reveals that

the Respondent-Accused was enlarged on bail, without

examining all material aspects placed by the prosecution

before the Trial Court by way of filing the charge-sheet and

the supplementary charge-sheet.

9. Recently, the Supreme Court in the case of
Shabeen

Ahmad v. The State of Uttar Pradesh & Anr.1
while placing

reliance upon the case of
Ajwar v. Waseem2
, cancelled the bail

granted to the accused in a dowry death case, observing as

follows:

"15...... A superficial application of bail parameters
not only undermines the gravity of the offence itself
but also risks weakening public faith in the judiciary's

1 2025 INSC 307
2 (2024) 10 SCC 768

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resolve to combat the menace of dowry deaths. It is
this very perception of justice, both within and outside
the courtroom, that courts must safeguard, lest we
risk normalizing a crime that continues to claim
numerous innocent lives. These observations
regarding grant of bail in grievous crimes were
thoroughly dealt with by this Court in
Ajwar v.
Waseem
in the following paras:

"26. While considering as to whether bail ought to
be granted in a matter involving a serious criminal
offence, the Court must consider relevant factors
like the nature of the accusations made against the
accused, the manner in which the crime is alleged
to have been committed, the gravity of the offence,
the role attributed to the accused, the criminal
antecedents of the accused, the probability of
tampering of the witnesses and repeating the
offence, if the accused are released on bail, the
likelihood of the accused being unavailable in the
event bail is granted, the possibility of obstructing
the proceedings and evading the courts of justice
and the overall desirability of releasing the accused
on bail. [Refer :
Chaman Lal v. State of U.P.
[Chaman Lal
v. State of U.P., [(2004) 7 SCC 525];

Kalyan Chandra Sarkar v. Rajesh Ranjan
[(2004) 7
SCC 528];
Masroor v. State of U.P.
[(2009) 14 SCC
286];
Prasanta Kumar Sarkar v. Ashis Chatterjee

[(2010) 14 SCC 496];
Neeru Yadav v. State of U.P.

[(2014) 16 SCC 508];
Anil Kumar Yadav v. State
(NCT of Delhi
) [(2018) 12 SCC 129];
Mahipal v.
Rajesh Kumar
[(2020) 2 SCC 118].

27. It is equally well settled that bail once granted,
ought not to be cancelled in a mechanical manner.

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However, an unreasoned or perverse order of bail
is always open to interference by the superior
court. If there are serious allegations against the
accused, even if he has not misused the bail
granted to him, such an order can be cancelled by
the same Court that has granted the bail. Bail can
also be revoked by a superior court if it transpires
that the courts below have ignored the relevant
material available on record or not looked into the
gravity of the offence or the impact on the society
resulting in such an order.
In
P v. State of M.P.

[(2022) 15 SCC 211] decided by a three-Judge
Bench of this Court [authored by one of us (Hima
Kohli, J.)] has spelt out the considerations that
must weigh with the Court for interfering in an
order granting bail to an accused under
Section
439(1)
CrPC in the following words : (SCC p. 224,
para 24)
"24.

As can be discerned from the above
decisions, for cancelling bail once granted, the
court must consider whether any supervening
circumstances have arisen or the conduct of the
accused post grant of bail demonstrates that it
is no longer conducive to a fair trial to permit
him to retain his freedom by enjoying the
concession of bail during trial [
Dolat Ram v.
State of Haryana
, (1995) 1 SCC 349] . To put it
differently, in ordinary circumstances, this Court
would be loathe to interfere with an order
passed by the court below granting bail but if
such an order is found to be illegal or perverse
or premised on material that is irrelevant, then
such an order is susceptible to scrutiny and

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interference by the appellate court. (emphasis
supplied)"

Considerations for setting aside bail orders

28. The considerations that weigh with the
appellate court for setting aside the bail order on
an application being moved by the aggrieved party
include any supervening circumstances that may
have occurred after granting relief to the accused,
the conduct of the accused while on bail, any
attempt on the part of the accused to
procrastinate, resulting in delaying the trial, any
instance of threats being extended to the witnesses
while on bail, any attempt on the part of the
accused to tamper with the evidence in any
manner. We may add that this list is only
illustrative and not exhaustive. However, the court
must be cautious that at the stage of granting bail,
only a prima facie case needs to be examined and
detailed reasons relating to the merits of the case
that may cause prejudice to the accused, ought to
be avoided. Suffice it is to state that the bail order
should reveal the factors that have been
considered by the Court for granting relief to the
accused." (Emphasis Supplied)

10. I have gone through the FIR as well as the statement of

the Victim-Complainant recorded under
Section 164
of the

Cr.P.C. The Victim-Complainant has narrated the entire sordid

ordeal faced by her at the hands of the three accused in the

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criminal case. A plain reading of the FIR as well as the

statement of the Victim-Complainant recorded under
Section
of the Cr.P.C. clearly reveal that although she went to the

said flat voluntarily with Accused no.1, being her friend,

accompanied by the Respondent-Accused, she was given a

spiked drink, after which she was taken to the bathroom and

beaten up by accused no.1. She fell and banged her head on

the commode. Thereafter, she was disrobed, brought on the

bed, her hands were tied, her mobile phone was taken away

and she was brutally raped by all the three accused. The 164

statement is consistent with the averments in the FIR. The

medical report shown to me by Ms. Bajoria also indicates an

injury on left side of her head. Findings of the doctor also

demonstrate evidence of physical violence in terms of a head

injury along with other scratches and other injuries found on

her person. The statement of the Victim-Complainant's uncle

also corroborates that of the Victim-Complainant. The spot

panchanama of the incident also records the items found lying

in the house, which include a pink colour ladies underwear

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along with an old monk bottle, some cigarrette buds, a hair

scrunchy, bed-sheet, etc. Statement of the landlord of the flat

also makes it clear that the said flat was rented out to the

Respondent-Accused.

11. I have also perused the decisions of the Supreme Court

relied upon by the Intervenor.

12. What bothers me the most is the considerations which

are weighed by the Trial Court while writing the impugned

order. The Trial Court has considered only two aspects;

Firstly, that there are no injuries on the private part of the

Victim-Complainant albeit, the Trial Judge does record

injuries on the person of the Victim-Complainant as

appearing in the medical report; Secondly, the Trial Court

appears to have been swayed by the fact that the marriage

of the Respondent-Accused is scheduled in the near future.

Ms. Bajoria insists, even if that ground is considered as

tenable, it was a misleading statement as till date, no

marriage of the Respondent-Accused is solemnized.

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However, the fact that the Trial Court has considered this as

a parameter for grant of bail itself, is somewhat troubling.

The Respondent-Accused was arrested on 9 th December

2024 and was released on bail on 24 th February 2025, i.e.,

within a period of 2 and half months from the date of his

arrest on the ground that his marriage was scheduled in

March 2025, despite all the material on record prima facie

indicting the Respondent-Accused. Furthermore, the offence

is that of gang rape. The alleged acts attributed to the

Respondent-Accused are heinous. Considering the totality of

the circumstances, I am satisfied that the Trial Court has

ignored the relevant material available on record and failed

to consider the gravity of the offence.

13. The statute as well as a series of decision of the apex

court and various high court have well settled the

parameters for the grant of bail to an under trial.

Impending marriage of an accused is not one of them.

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14. Accordingly, for the reasons as stated aforesaid, the

impugned order is set aside and the order granting bail to

the Respondent-Accused is cancelled.

15. The Respondent-Accused is directed to surrender

before the Investigating Officer latest within two days from

the date of uploading of this order.

16. Application is accordingly disposed of.

17. All parties to act on an authenticated copy of this

order.

(DR. NEELA GOKHALE, J)

Digitally
signed by
SHAMBHAVI
SHAMBHAVI NILESH
NILESH SHIVGAN
SHIVGAN Date:

2025.09.30
20:44:19
+0530

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