911-ABA-1727-2025.odt Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1727 OF 2025 Sharad Govind Sawant ...Applicant V/s. State Of Maharashtra & Anr. ...Respondents _____________________________________________________________ Mr. Pranav Avhad a/w Ms. Darshna Naval i/b Darshna Naval, for the Applicant. Mr. Ashwin Pimple i/b SSB Legal & Advisory, for the Respondent No.2. Mr. Ashok Gawai, APP for the Respondent – State. PSI – Ms. Ashwini More, Kherwadi Police Station in present. ________________________________________________________ CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 06 TH AUGUST, 2026. P.C. :- 1. Heard Advocate Mr. Pranav Avhad for the applicant, Advocate Mr. Ashok Gawai, learned APP for the State and Advocate Mr. Ashwin Pimple learned counsel for the Respondent No.2. 2. The applicant has filed the instant application under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking pre-arrest bail in Crime No. 237 of 2025, dated 03.06.2025 registered with Kherwadi Police Station for the offence punishable under Section 318(4), 316(2) & 351(2) read with Section 3(5) of 1/7 911-ABA-1727-2025.odt Bharatiya Nyaya Sanhita (BNS), 2023. 3. The FIR is registered at the instance of one Mrs. Lalita Garud with respect to the alleged offence which occurred from 01.01.2018 till 30.09.2024. The offence is registered against two accused persons including this applicant, who is arraigned as accused no.1. 4. The complainant has alleged that the family of the complainant and the family of the applicant had cordial and very friendly relations in the beginning. It is alleged that, on several occasions, the applicant had borrowed certain sums of money from the complainant which were repaid by him and on the suggestion of the applicant, the complainant had also made investments in certain properties. It is also alleged that the complainant had handed over certain items of her personal jewellery to the applicant for safe custody. However, although the applicant had initially repaid/returned the amounts, later on has refused to return the amounts and the golden ornaments and has thus committed cheating. 5. The gravamen of the allegations, as emerging from the FIR, pertains to the non-payment of the certain amounts advanced to the applicant and non-return of various items of jewellery. It is alleged 2/7 911-ABA-1727-2025.odt that the applicant alongwith his wife Mrs. Nitali Sharad Sawant, had engaged in systematic and deceitful acts during the period from 2018 to 2024, under which they have induced the complainant by offering lucrative investment opportunities to part away with substantial amounts. It is an allegation that the accused persons repeatedly induced the complainant to transfer substantial sums of amount and even to handover jewellery of approximately 38 tolas, valued at around Rs. 35 lakhs, under the pretext of keeping it safely. It is thus alleged that the accused persons have engaged in the acts of cheating and breach of trust and have thus appropriated a total amount of Rs. 71,49,000/-. On the basis of these allegations, the FIR came to be registered against this applicant. 6. Advocate Mr. Pranav Avhad, learned counsel for the applicant submitted that the allegations of cheating are without any basis since there was no intention to deceive at any point of time. By inviting attention to the dates of the alleged offence and the date of FIR, he submitted that there is unexplained delay in lodging the FIR. He submitted that the FIR is lodged on the basis of misunderstanding only because the money and the jewellery was not returned in short time. He submitted that the allegations are only with respect to the financial transactions and certain private lending arrangements amongst two families. He 3/7 911-ABA-1727-2025.odt thus submitted that the dispute is civil and commercial in nature, based on voluntary transfer of funds by the complainant and her husband, which is given a colour of an offence. 7. Apart from the above submissions, he submitted that the applicant was granted interim protection by order dated 27th June, 2025 passed by this Court and in accordance with the said order, the applicant has attended the police station on several dates and has cooperated with the investigating agency. He therefore, submitted that the interim protection be confirmed. 8. Per contra, learned APP and learned counsel for the respondent no.2 opposed the application and submitted that the applicant has indulged in serious acts of deception and cheating. They submitted that the applicant has misused the faith and trust reposed by the complainant and her husband. By pointing out the allegations in the FIR, it is submitted that the applicant has received the huge amounts and jewellery weighing 38 tolas, most of which is not yet returned and thus, the offence of cheating and misappropriation is attracted. Learned APP submitted that although the applicant has attended the police station in accordance with the order dated 27th June, 2025 passed by this Court, he has not disclosed all the information demanded with 4/7 911-ABA-1727-2025.odt respect to the financial transactions and has not extended proper cooperation. 9. Heard the arguments of both sides. Perused the FIR and the documents filed on record. It has to be noted that undisputedly there were very close and friendly relations in between family of the complainant and the applicant. It appears that the complainant had voluntarily given substantial amounts to the applicant either for giving personal loan or for the purpose of making investments in some lucrative business. It also appears that, although allegations are made that there was an intention to deceive, however, the transactions appear to be based on mutual faith and confidence against each other. It also appears that most of the transactions including borrowings and repayments were conducted through official banking channels. Further, in view of whatsapp communications exchanged in between the parties, it appears that the financial transactions in question were a part of private lending arrangements between the applicant and the complainant. The messages exchanged in between the parties show that the amounts and jewellery were handed over by the complainant voluntarily and without any inducement. As such, it prima facie appears that the private financial arrangements, spanning over a period 5/7 911-ABA-1727-2025.odt of six years, are branded as acts of cheating and criminal breach of trust. The transactions appear to be civil and commercial in nature, at this stage. 10. It has to be noted that this Court has granted interim protection to the applicant by order dated 27th June, 2025. There is no dispute that the applicant has appeared before the concerned police station on the dates mentioned in the interim protection order and even thereafter, as stated by the counsel for the applicant. There is nothing on record to show any misuse of liberty granted by this Court. 11. In view of the above, the interim protection granted by this Court needs to be confirmed, subject to certain conditions. 12. Hence, I pass the following order : : ORDER : i] In the event of arrest of the applicant in Crime No. 237 of 2025, dated 03.06.2025 registered with Kherwadi Police Station for the offence punishable under Section 318(4), 316(2) & 351(2) read with Section 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023, he be 6/7 911-ABA-1727-2025.odt released on bail on furnishing P. R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount. ii] The applicant is directed to attend the police station as and when called upon and extend cooperation. iii] The applicant is directed to disclose all the information related to the financial transactions and the jewellery of the complainant, as and when demanded by the investigating officer. iv] The applicant shall not indulge in any such offence in future. 13. The Anticipatory Bail Application is allowed in above terms. It has to be noted that breach of any of these conditions shall be a ground for cancellation of the Anticipatory Bail. (PRAFULLA S. KHUBALKAR, J.) 7/7