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2025 DAILYLAW 3475 (BOM)

SARVESH NARAYAN SANKPAL v. THE UNION TERRITORY OF DADRA AND NAGAR HAVELI AND ORS

ABA/864/2025 · 2026-08-17

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Judgment text

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21.ABA.864.25.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 864 OF 2025 Sarvesh Narayan Sankpal … Applicant V/s. The Union Territory of Dadra and Nagar Haveli & Ors. …. Respondents ______________________ Mr. Aniket Gawand for the Applicant. Ms. S.D. Shinde, APP for the Respondent-State. Ms. Archishmati Chandramore h/f Mr. Ashwin Thool for Respondent Nos.1 and 2. ______________________ CORAM : MADHAV J. JAMDAR, J. DATED : 17 AUGUST 2026 P. C. :- 1. Heard Mr. Aniket Gawand, learned counsel appearing for the Applicant, Ms. Chandramore, learned counsel appearing for the Respondent Nos.1 and 2 and learned APP for the Respondent- State. 2. By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant is seeking pre-arrest bail in connection with C.R. No.93 of 2024 registered with Silvassa Page 1 PPN PRACHI PRANESH NANDIWADEKAR Digitally signed by PRACHI PRANESH NANDIWADEKAR Date: 2026.08.21 17:52:38 +0530 21.ABA.864.25.DOC Police Station (Union Territory of Dadra and Nagar Haveli) for the offences punishable under Sections 468, 419, 420 read with 34 of the Indian Penal Code. 3. The prosecution case is set out in paragraph 3 of the anticipatory bail application. The said paragraph 3 reads as under:- “The applicant states that, the alleged case of the prosecution story as per the FIR is such as: a) That, the complainant Ankitaben Yogendrabhai Patel alleged that on 29/05/2024 she along with her maternal grandfather namely Amratbhai Mancchu Patel R/o. Kakadfaliya, Karamkhal, Lavachha, Tal. Vapi, Dist-Valsad, Gujarat State have given an application prepared in English addressing to Silvassa Police station that her maternal Silvassa Police Station, SHO, grandfather is 70 years old, he has 2 daughters one of mother namely Bhartiben & second Jashodaben. b) She alleged that her maternal grandfather Amratbhai Mancchu Patel having Saving Bank account No.50840100019873 in Bank of Baroda, Amli branch. She alleged that her Maternal grandfather Amratbhai Mancchu Patel has sold his land and its sale consideration amount was deposited in the said account and as an when required amount he used to go to Bank and withdraw the amount. She alleged that in the month of April 2024 she along with her maternal grandfather Amratbhai Mancchu Patel went to Bank of Baroda to withdraw the amount at that time they noticed that the bank balance was less in the account, therefore they made entries in the bank passbook and noticed that the amount of Rs.13,50,000/- was withdrawn on 04/11/2022 by vide cheque No.0008644, she alleged that on asking her maternal grandfather Amratbhai Mancchu Patel he informed her that he had not withdrawn any amount by the alleged cheque number and stated that I do not know who had withdrawn the said amount, but he stated that on 07-10-2022 he went to withdraw the amount of Rs.5,00,000/- at that time one Bank staff had only filled up his cheque and withdrawn amount of Rs.500000/-, thereafter again he had transferred the amount of Rs. 10,00,000/- vide cheque No.008645 in the Bank of his daughter Bharti Arvindbhai Patel, thereafter he had not withdrawn any Page 2 PPN 21.ABA.864.25.DOC amount on that date. c) The complainant alleged that on 22-05-2024 she again went to Bank of Baroda, Amli branch along with her maternal grandfather Amratbhai Mancchubhai Patel and informed to the bank manager that we have doubt that they have not withdrawn the amount of Rs.13,50,000/-vide cheque No. 008644, on 04-11- 2022 and requested to provide detail at that time the Bank manager has given a self cheque No.008644 of the said account of Amratbhai Mancchu Patel, in the said cheque there was signature of Amaratbhai Manchubhai Patel on both the side and the person who had given self cheque with Aadhar card whose name is Jitendra S/o. Damu Tanti R/o. Singadi Konda Jarkhand. Aadhar Card No.8526 6573 8301 Mobile No.6925100091 on verifying by the complainant said Amratbhai stated that he do not know who is Jitendra Tanti and he had not given any cheque to him. d) The complainant alleged that as per Bank record in the cheque No.008644 Amount of Rs. 13,50,000/-Dt:04/11/2022 there was signature of Amratbhai Manchubhai Patel, however in bank record his original signature as Amrutbahi Manchubhai, thereafter the bank has not given other details and advised to lodge the complaint to Police. She further alleged that on 16-05- 2022 they have filled up the cheque No.008651 of Rs.2000/- signed by said Amratbhai as Amratbhai Manchubhai Patel and issued the said cheque in the name of Patel Ankitaben Yogndrabhai and same had been deposited in her Bank account, but the said cheque was not passed reason Drawer signature differ from specimen recorded with us. She alleged that on 07-10- 2022 her maternal grandfather Amratbhai Manchubhai Patel went to Bank of Baroda Amli branch along with cheque book of saving Account No.50840100019873 where a person presents in the bank stated that I am bank person and took him in his confidence and while filling the cheque he took a cheque No.008644 from the cheque book. e) She also alleged that on the said cheque one Jitendra S/o Damu anti R/o. Singadi Konda Jarkhand State had made duplicate signature of Amratbhai Mancchubhai Patel and deposited and withdrawn the amount of Rs.13,50,000/- from the bank. She alleged that the Bank Manager, Bank Cashier and Jitendra Damu Tanti had cheated and withdrawn the amount accordingly the complainant had registered the complaint vide Silvassa police station Cr. No. 93/2024 u/s. 468, 419,420, r/w. 34 of I.P.C. Page 3 PPN 21.ABA.864.25.DOC 4. It is the submission of the learned counsel appearing for the Applicant that the Applicant is working in a Bank as passing officer and he was responsible for verifying the signatures on cheques which were presented in the Bank. It is his submission that the Applicant verified the said signatures and sale deed for passing the subject cheque on 4 November 2022 and F.I.R. has been lodged on 19 July 2024 after more than about one and half year. In any case, charge-sheet is already filed and therefore, the investigation is completed. He submits that the Applicant is not involved in the crime. 5. On the other hand, learned counsel appearing for the Respondent Nos.1 and 2 strongly opposed the application. She submits that the offence is very serious and therefore, the anticipatory bail application be rejected. 6. Perusal of the record shows that the only role as far as the present Applicant who is working in the Bank of Baroda as passing officer that subject cheque has been cleared on 4 November 2022. The F.I.R. was lodged on 19 July 2024. Page 4 PPN 21.ABA.864.25.DOC 7. A learned Single Judge has protected the Applicant by order dated 28 March 2025 which order is in operation for last about 1 ½ year. Accordingly, case is made out for grant of anticipatory bail. 8. Anticipatory Bail Application is disposed of in terms of the order dated 28 March 2025. [ MADHAV J. JAMDAR, J.] Page 5 PPN