Sandeep S/O Dilip Harshe Vs State of Maharashtra Thr… — Cheating and Forgery | Bombay HC (2025)

Sandeep S/O Dilip Harshe Vs State of Maharashtra Thr… — Cheating and Forgery | Bombay HC (2025)

What the court decided

AI extract

Outcome

Anticipatory (pre-arrest) bail: in the event of arrest in Crime No.504/2024 (PS Wathoda, Nagpur; Sections 420, 468, 471 IPC), release on P.R. Bond of Rs.25,000 with one solvent surety in the like amount; weekly attendance at the concerned police station every Sunday between 10.00 AM and 1.00 PM with cooperation to the investigating agency; no inducement, threat or promise to witnesses personally or via electronic media; contravention of any condition would lead to cancellation of bail.

Issue for consideration

Whether the applicant, apprehending arrest in connection with Crime No.504/2024 registered at Police Station Wathoda, Nagpur, deserves to be granted pre-arrest (anticipatory) bail. +1 more

Court's answer

On perusal of the investigation papers, the entire allegations are levelled against the co-accused and the applicant's implication rests only on the statement of the co-accused.

Ratio / Principle

Considering the nature of the material collected during the investigation, immediate custodial interrogation of the applicant is not required, and therefore the application deserves to be allowed.

Key takeaways

In the event of arrest in Crime No.504/2024 (Police Station Wathoda, Nagpur; Sections 420, 468, 471 IPC), the applicant is to be released on anticipatory bail on executing a P.R. Bond of Rs.25,000 with one solvent surety in the like amount.ratio¶17
Bail is conditioned on the applicant attending the concerned police station once a week, every Sunday between 10.00 AM and 1.00 PM, and cooperating with the investigating agency.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail granted (Bombay High Court, Nagpur Bench; Urmila Joshi-Phalke, J.; 20-03-2025) in Criminal Application (ABA) No.74 of 2025 concerning Crime No.504/2024 of Police Station Wathoda, Nagpur (Sections 420, 468, 471 IPC). On perusal of investigation papers, the entire allegations were found levelled against the co-accused, the applicant's implication resting only on the co-accused's statement; although a hard disc had been seized from the house of the applicant's friend and the State demanded custodial interrogation, the Court held that, considering the nature of the material collected during investigation, immediate custodial interrogation was not required. Bail ordered in the event of arrest on a P.R. bond of Rs.25,000 with one solvent surety, subject to weekly Sunday attendance at the police station (10.00 AM to 1.00 PM), non-interference with witnesses, and cancellation on breach of any condition.

2025:BHC-NAG:2860

930.aba.74.25.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.74 OF 2025

(Shri Sandeep s/o Dilip Harshe Vs. State of Maharashtra)

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

Mr. P.S. Dhenge, Advocate for the applicant. Mrs. H.N. Prabhu, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J. DATED :- MARCH 20, 2025.

Apprehending the arrest at the hands of police in connection with Crime No.504/2024 registered with Police Station Wathoda, Nagpur, District Nagpur for the offences punishable under Sections 420, 468 and 471 of the Indian Penal Code, the applicant approached this Court for grant of pre-arrest bail.

Learned Counsel for the applicant submitted that the implication of the present applicant is on the basis of the statement of the co-accused. As far as the involvement of the present applicant is concerned there is absolutely no material, his name is also not mentioned in the FIR. On perusal of the recitals of the FIR, entire allegations are levelled against the co-accused. As far as the custodial interrogation of the applicant is concerned which is not required. In view of that, he be protected by granting anticipatory bail.

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Learned APP strongly opposed the application and submitted that the involvement of the present applicant reveals during the investigation as he was assisting the co-accused in the commission of the crime. One hard disc was seized by the investigating agency from the house of the friend of the present applicant which sufficiently shows his involvement, therefore, his custodial interrogation is required.

I have heard learned Counsel for both the sides. Perused the investigation papers from which it reveals that the entire allegations are levelled against the co-accused. As far as the implication of the present applicant appears on the basis of the statement of the co-accused which is not anticipated. Considering the nature of the material which is collected during the investigation, immediate custodial interrogation is not required. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass following order:

(i) The application is allowed.

(ii) In the event of arrest, the applicant - Shri Sandeep s/o Dilip Harshe in connection with Crime No.504/2024 registered with Police Station Wathoda, Nagpur, District Nagpur for the offences punishable under Sections 420, 468 and 471 of the Indian Penal Code, be released on anticipatory bail, on

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executing P.R. Bond in the sum of Rs.25,000/with one solvent surety in the like amount.

(iii) The applicant shall attend the concerned police station once in a week i.e. on every Sunday between 10.00 AM and 1.00 PM and shall cooperate with the investigating agency.

(iv) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.

The contravention of any of the condition imposed by this Court would lead to the cancellation of bail.

The application stands disposed of.

(URMILA JOSHI-PHALKE, J.)

*Divya