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2026 DAILYLAW 10338 (BOM)

HIREN BHARAT SUMARIA v. STATE OF MAHARASHTRA

ABA/2680/2026 · 2026-09-23

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Judgment text

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904-ABA-2680-2026.doc vaishnavi IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2680 OF 2026 Hiren Bharat Sumaria ...Applicant V/s. State of Maharashtra ...Respondent Mr. Naushad Sayyed, (V.C), for the Applicant. Ms.Geeta Mulekar, APP for the Respondent – State. CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 23 rd SEPTEMBER , 2026. P.C. :- 1. Heard the learned counsel for applicant as well as learned APP for respondent. 2. The applicant has filed in instant application seeking pre-arrest bail under Section 482 of BNSS in connection with FIR No. 241 of 2026 registered with Bhiwandi City Police Station for offence under Section 179 and 180 of BNS, 2023. 3. The FIR is registered on the basis of the report lodged by Dy. Branch Manager of ICICI Bank, Dhamankar Naka Bhiwandi, alleging that on 17.03.2026, this applicant who is an employee of Sri Sri Devi Jewellers had deposited an amount of Rs. 30,00,000/- by 1/3 904-ABA-2680-2026.doc cash and at that time it was found that five notes of Rs. 500/- denomination were detected to be fake. On the basis of these allegations, the FIR came to be registered against this applicant. 4. The learned counsel for applicant submits that there is nothing to indicate that this applicant had knowledge that the notes were fake. He further states that there are no criminal antecedents against the applicant. He also submits that in view of the nature of offence the applicant is ready to join investigation. 5. The learned APP opposed the application and submitted that allegations in FIR show that the bank has received certain fake notes of Rs. 500/- denomination and since the notes are tendered by the applicant, the source of those fake notes need to be investigated. She submits that further investigation in the matter is required to be conducted. 6. Perused the FIR and the documents placed on record. It has to be noted that the allegations about tendering fake notes is leveled only because the applicant has presented the said notes to the Bank. There is nothing to show that this applicant had knowledge about the notes being fake. Further it cannot be accepted at this stage that the applicant having knowledge about the notes to be fake would go and tender the said notes in a Bank where detection machines are already 2/3 904-ABA-2680-2026.doc placed to detect the genuineness of the currencies. 7. Considering the nature of the offence and above mentioned aspects and further considering readiness of the applicant to join the investigation, his personal liberty needs to be protected at this stage. 8. Hence I pass the following order : : ORDER : (i) Anticipatory Bail Application is allowed. (ii) In the event of arrest of the applicant in connection with Crime No. 177/2026 u/s.310(2), 333, 351(2), 351(3), 352 of Bhartiya Nyaya Sanhita, 2023 registered with Padgha Police Station, the Applicant may be released on bail on furnishing P.R. Bond of Rs. 25,000/- (Rupees Twenty Thousand only) with one solvent surety of the like amount. (iii) The applicant is directed to attend the Police Station on 27.09.2026 in between 10.00 a.m to 2.00 p.m and thereafter as and when called upon by the Investigating Agency. (iv) The applicant shall extend cooperation during investigation and trial. 9. The Application is accordingly allowed and disposed of in above terms. (PRAFULLA S. KHUBALKAR, J.) 3/3