Sanjay S/O Madhaorao Gade v. The State Of Maharashtra Thr Pso Ps Sitabuldi Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.965 OF 2025 BHALCHANDRA GOPAL DUSANE Santosh Rajendra Jogdand ...Applicant

Versus

State of Maharashtra

...Respondent

BHALCHANDRA GOPAL DUSANE Date: 2025.09.28 18:44:48 +0530 WITH ANTICIPATORY BAIL APPLICATION NO.1818 OF 2025 Sandip Nandkumar Kharat ...Applicant

Versus

State of Maharashtra

...Respondent

Mr. Prashant P. Raut, Advocate a/w Mr. Suraj S. Mhadgut for Applicant in ABA No.965 of 2025.

Mr. Priyal Sarda a/w Ms.Seema S. Dighe, Advocate for Applicant in ABA No.1818 of 2025.

Ms. S.M. Yadav, APP for the State.

PSI, Mr. Mahesh Mahadu Garal, Khed Police Station, Pune Rural, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

23rd September 2025 P.C.:

1.

Heard Mr. Prashant Raut, learned Counsel appearing for the Applicant in Anticipatory Bail Application No.965 of 2025, Mr. Priyal Sarda, learned Counsel appearing for the Applicant in Anticipatory Bail Application No.1818 of 2025 and Ms. Yadav, learned APP for the State.

2.

The Applicant in Anticipatory Bail Application No.965 of 2025, i.e. Santosh Rajendra Jogdand is Accused No.14 and Applicant in Anticipatory Bail Application No.1818 of 2025 Sandip Nandkumar Kharat is Accused No.11 in Crime No. 260 of 2024 registered with Bandgarden Police Station, Pune City, for the offences punishable under Sections 406, 409 and 420 read with Section 34 of the Indian Penal Code, 1860.

3.

As per the prosecution case, the incident took place during the period 31st July 2023 till 21st January 2024. The Informant was the Administrative Officer of Sasoon General Hospital, Pune. Accused Anil Mane, Drawing and Disbursing Officer (DDO), and Ms. Sulakshana Chabukswar, Cashier were looking after accounts work of the Sasoon Hospital. They have transferred an aggregate amount of Rs.4,18,62,942/- illegally and unauthorisedly in the bank accounts of about 16 Government employees and 8 private persons and mis-appropriated the Government money by committing criminal breach of trust.

4.

During investigation, it was found that Mr. Sachin Sasar, is the main accused and he was working as Senior Clerk in Sasoon

General Hospital, Pune, who had transferred an amount of Rs.7,90,646/- in the account of the Applicant- Sandip Kharat (Accused No.11) and had transferred an amount of Rs.17,31,292/- in the account of Applicant - Santosh Rajendra Jogdand (Accused No.14). Letters issued by main accused- Sachin Lahu Sasar have been annexed at page-26 of Anticipatory Bail Application No. 1818 of 2025 and at page-48 of Anticipatory Bail Application No. 965 of 2025, wherein he has stated that he has transferred the said amount in the account of these respective Applicants. 5.

Both Mr. Prashant Raut, learned Counsel appearing for the Applicant in Anticipatory Bail Application No.965 of 2025 and Mr. Sarda, learned Counsel appearing for the Applicant in Anticipatory Bail Application No.1818 of 2025 state that the amounts which these Applicants have received in their accounts has been deposited in the Court. The said statement is confirmed by Ms. Yadav, learned APP, on instructions.

6.

Prima facie, the Applicants' role in the crime is that the main accused- Sachin Sasar has transferred the amounts in the accounts

of respective Applicants and he has taken complete responsibility of the same.

7.

In any case, the custodial interrogation is not necessary. 8.

Both the learned Counsel state that the respective Applicants have been suspended from the service and their departmental enquiries are going on.

9.

Ms. Yadav, learned APP states that there were total 25 Accused. As far as four are concerned, reports under Section 169 Code of Criminal Procedure have been filed. Out of 25 Accused, 5 have been arrested and they have been granted regular bail. In fact, the said main accused- Sachin Sasar has been granted regular bail by Order dated 3rd May 2025 passed by learned Judicial Magistrate, First Class, Court No.1, Pune below Exhibit-13 in Regular Criminal Case No.1482 of 2025.

10.

Although, learned APP strongly opposes the Anticipatory Bail Applications, however, as the Applicants are not the main Accused and the material on record do not show that the

Applicants are the beneficiaries of the crime, the case is made out for grant of anticipatory bail.

11.

Accordingly, both the Applicants are entitled to pre-arrest bail. Hence, following Order is passed:

O R D E R

(i) In the event of arrest, the Applicant- Santosh Rajendra Jogdand (Accused No.14) in ABA No.965 of 2025 and the Applicant- Sandip Nandkumar Kharat (Accused No.11) in ABA No.1818 of 2025 be enlarged on bail in C.R. No.260 of 2024, registered with Bundgarden Police Station, Pune under Sections 406, 409 and 420 of Indian Penal Code, 1860 on executing P.R. bonds of Rs.50,000/- each and furnishing one or two sureties in the like amount.

(ii) The Applicants shall attend the concerned Police Station as and when necessary by the Investigating Officer.

(iii) The Applicants shall furnish their cell phone numbers and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(iv) The Applicants shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(v) The Applicants shall not tamper with the prosecution evidence and shall not contact or influence the Complainant, or any witness, in any manner.

(vi) The Applicants shall not leave India without prior permission of the Court.

12.

The Anticipatory Bail Applications are allowed and disposed of accordingly.

(MADHAV J. JAMDAR, J.)