Sandip Muktaji Bansode vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

Sandip Muktaji Bansode vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest in Cr. No. 0537/2024, release on PR Bond of Rs. 30,000 with one or two sureties in the like amount till filing of the chargesheet, subject to attendance at the police station on 13.02.2025 (11.00 a.m.-1.00 p.m.) and conditions of non-tampering and non-influence.

Issue for consideration

Whether the Applicant should be granted anticipatory bail in connection with F.I.R. No. 0537 of 2024 (Dighi Police Station) concerning alleged fabrication of documents leading to issuance of Police Clearance Certificates, under Sections 318(4), 336(2), 336(3), 337, 340(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023. +1 more

Court's answer

In the event of arrest in connection with Cr. No. 0537/2024 (dated 10/12/2024, Dighi Police Station, Dist. Primpri-Chinchwad, Pune), the Applicant is to be released on bail on executing a PR Bond in the sum of Rs. 30,000 (Thirty Thousand Only) with one or two sureties in the like amount, till filing of the chargesheet.

Ratio / Principle

Taking into consideration that the Applicant complied with the direction given by the Court (he attended the police station on 1 February 2025 and his statement was recorded), the Judge held that the anticipatory bail application needed to be allowed.

Key takeaways

As a condition, the Applicant shall attend the concerned Police Station on 13th February, 2025 between 11.00 a.m. and 1.00 p.m.ratio¶31
As a condition, the Applicant shall not tamper with the evidence of the prosecution in any manner, and shall not influence the informant, witnesses or any other person concerned with the case.ratio¶32

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), Rajesh S. Patil, J. — Anticipatory Bail Application No. 89 of 2025 (Sandip Muktaji Bansode v. State of Maharashtra), decided 07.02.2025: ALLOWED. Applicant sought anticipatory bail in F.I.R./Cr. No. 0537 of 2024 (dated 10/12/2024), Dighi Police Station, District Pimpri-Chinchwad, under Sections 318(4), 336(2), 336(3), 337, 340(2) and 3(5) of the Bhartiya Nyay Sanhita, 2023, arising out of alleged fabrication of documents used to obtain Police Clearance Certificates for employment at Tata Communication, Dighi, the Applicant allegedly acting with one Sunil Rokade as a service provider. On 30.01.2025 the Court granted interim protection (no coercive steps) directing the Applicant to attend the police station on 01.02.2025; the Applicant complied and his statement was recorded (verified by the learned APP). On compliance, the Court ordered that in the event of arrest the Applicant be released on bail on PR Bond of Rs. 30,000 with one or two sureties in the like amount till filing of the chargesheet, subject to further attendance on 13.02.2025 (11.00 a.m.-1.00 p.m.) and conditions against tampering with evidence or influencing the informant/witnesses.

2025:BHC-AS:6268

2-ABA-89-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 89 OF 2025

Sandip Muktaji Bansode ...Applicant V/s State of Maharashtra ...Respondent

Adv. Harshwardhan Milind Pawar a/w Harshal Mule i/b Milind D. Pawar for the Applicant.

Adv. Pallavi N. Dabholkar, APP for the State.

CORAM : RAJESH S. PATIL, J. DATED : 7th FEBRUARY, 2025

P.C.:

On 30^th January, 2025, this Court has passed the

following order.

The Applicant is seeking anticipatory bail in connection with the F.I.R. No.0537 of 2024 registered at Dighi Police Station, District Pimpri Chinchwad under Sections 318 (4), 336 (2), 336 (3), 337, 340 (2) and 3 (5) of the Bhartiya Nyay Sanhita, 2023.

It is the case of the prosecution that while the police were verifying online documents related to Tata Communication, Dighi, for the appointment of certain employees after obtaining Police Clearance Certificates, they discovered certain deficiencies. As a result, the police conducted an inquiry, which revealed that some documents had been fabricated, leading to the issuance of the Police Clearance Certificates. It was found that the present Applicant, along with one Sunil Rokade, is service provider assisting individuals in obtaining document clearance for employment at Tata Communication.

1

Harish

2-ABA-89-2025.doc

The learned Advocate for the Applicant submits that the applicant has not caused any kind of wrongful loss to any individual or the has he Government. Neither have they gained by issuing Police Clearance Certificate to those in need and charging only a paltry sum for the service. He further submits that there is no case where any person has suffered a loss due to this act. He further submits that since he was dealing with multiple peoples for obtaining Police Clearance Certificates, the documents of certain employees got mixed up with those of others. However, merely because the addresses of certain employees did not match, it does not imply that he engaged in any activity to support illegal migrants. Hence, he submits that the police have not called him even once to record his statement.

Stand over to 7 February 2025, the matter to come up under the caption of "Urgent Circulation".

In the meanwhile, no coercive steps will be taken against the Applicant.

The Applicant to also attend the concerned police station on 1 February 2025 between 11.00 a.m. to 1.00 p.m.”

Mr. Pawar, learned counsel for the Applicant submits

that the Applicant attended the concerned police station on 1^st February, 2025 and his statement was recorded.

Ms. Dabholkar, learned APP verify and submits that

the Applicant attended the police station on 1^st February, 2025.

Taking into consideration that the Applicant has complied with the direction given by this Court, according to me, the Application of the Applicant needs to be allowed. Hence, I pass the following order.

2

Harish

2-ABA-89-2025.doc

O r d e r

(i) In the event of his arrest in connection with Cr. NO.0537/2024, dated 10/12/2024 registered with Dighi Police Station, Dist. Primpri-Chinchwad, Pune till filing of the chargesheet, the Applicant be released on bail on his executing PR Bond in the sum of Rs. 30,000 (Thirty Thousand Only) with one or two sureties in the like amount.

(ii) The Applicant shall attend the concerned Police Station on 13^th February, 2025 in morning 11.00am to 1.00pm.

(iii) The Applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses or any other person concerned with the case.

Anticipatory bail Application is accordingly disposed of.

(RAJESH S. PATIL, J.)

Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 07/02/2025 20:12:17

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Harish