927-ABA-2016-2026.odt Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2016 OF 2026 Bharati Ankush Sanekar and Anr. ...Applicants V/s. The State of Maharashtra ...Respondent _____________________________________________________________ Adv. Gaurav Parkar, for the Applicant. Adv. Prasanna P. Malashe, APP for the Respondent – State. PSI – Mr. P. B. More, MHB Police Station, is present. ________________________________________________________ CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 29TH AUGUST, 2026. P.C. :- 1. Heard Adv. Gaurav Parkar, for the applicant and Adv. Prasanna P. Malashe, learned APP for the respondent-state. 2. Applicants are apprehending arrest in connection with Crime No. 81 of 2025 dated 31.01.2025 registered with M. H. B. Police Station, 1/5 927-ABA-2016-2026.odt Brihanmumbai, for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code (IPC), 1860. 3. The FIR is registered on the basis of a report lodged by Sharvari Vijaykumar Raut, alleging that during the period from 11.06.2012 to 14.06.2014, accused no. 1 Ankush Sanekar has induced her to make several payments for purchasing some land and even though the payments were made, the conveyance was not executed with respect to the land and thus committed cheating with the complainant. 4. Learned counsel for the applicants submitted that the offence is registered in the background of certain financial transactions in between the complainant and the accused no.1 Ankush Sanekar. He also states that all those transactions have occurred prior to 14.06.2014. He further states that although these applicants are named in the FIR, the allegations about receipt of money are against Ankush Sanekar. He, therefore, submits that the financial transactions which are in civil nature, occurred prior to eleven years, allegedly executed in between the complainant and Ankush Sanekar, have been given the colour of an offence. In all these transactions, only because some amount is allegedly received by these applicants, they have been arraigned as accused persons. He also states that there are no criminal antecedents against these applicants and in view 2/5 927-ABA-2016-2026.odt of the interim protection granted by this Court by order dated 29th July, 2026, they have attended the police station and extended the co-operation and therefore he prays for confirmation of interim protection. 5. As against this learned APP for the respondent opposed the application and submitted that there are allegations in the FIR that the applicant no. 1 Bharati Sanekar has received an amount of Rs. 8,50,000/- and so also applicant no. 2 Jitendra Mhatre has received an amount of Rs. 7,80,000/- in their respective accounts. He, therefore, states that the sources of these payments are not revealed by them. He submits that the investigation in this regard is necessary. However, there is no dispute that these applicants have attended the police station in accordance with the interim protection granted by this Court. 6. Perused the FIR and the documents placed on record. It has to be noted that the main allegations about wrongful gain and cheating are against accused no.1 Ankush Sanekar. It is crucial to note that the alleged transactions have occurred prior to eleven years. Thus, with respect to certain financial transactions in between the parties, the FIR is registered in January, 2025. 7. Considering the nature of allegations, it appears that the transactions are primarily civil in nature. Hence, custodial interrogation of 3/5 927-ABA-2016-2026.odt these applicants need not be insisted upon. In view of the fact that the applicants have attended the police station in accordance with the interim protection granted by order dated 29th July, 2026, the same needs to be confirmed. 8. Hence, I pass the following order. : ORDER : (i) The application for anticipatory bail is allowed. (ii) In the event of arrest of these applicants in Crime No. 81 of 2025 dated 31.01.2025 registered with M. H. B. Police Station, Brihanmumbai, for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code (IPC), 1860, they be released on bail on furnishing P. R. Bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) each with one solvent surety of the like amount. (iii) The applicants are directed to attend the police station as and when called upon by the investigating agency. 4/5 927-ABA-2016-2026.odt (iv) The applicants are directed to disclose all their financial transactions and supply documents, if demanded by the investigating agency. (v) The applicants shall extend cooperation during investigation and trial. (vi) Breach of any of these conditions, shall be a ground for cancellation of bail. 9. In view of this, the instant application is allowed in above terms. (PRAFULLA S. KHUBALKAR, J.) 5/5