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2026 DAILYLAW 11504 (BOM)

RESHMA AMIT GHARAT v. THE STATE OF MAHARASHTRA

BA/2312/2026 · 2026-09-28

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Judgment text

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34.BA.2312.2026.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2312 OF 2026 Reshma Amit Gharat .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Dhananjay Bhosale a/w. Mr. Paresh Gaikwad and Mr. Akshay Nijampurkar, Advocates for Applicant.  Ms. Anuja S. Gotad, APP for Respondent. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 28, 2026 P.C. : 1. Heard Mr. Bhosale, learned Advocate for Applicant and Ms. Gotad, learned APP for Respondent. 2. This is an Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R. No.48 of 2025 registered with Uran Police Station for offences punishable under Sections 420, 406, 506 read with Section 34 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors Act, 1999. 3. The Applicant before me is one of the co-accused persons who having introduced her school friend to the principal Accused person for investments and returns is arraigned and accused in the present crime. 1 of 4 34.BA.2312.2026.doc 4. The prosecution case is prima facie against the principal accused person called Sujata Gharat who is a relative of the present Applicant. Applicant is a housewife. She has introduced the Complainant to the principal accused person for investment. Even according to the prosecution case, the Applicant has received a total amount of Rs.15,28,799/- in five tranches in her bank account. Prima facie, it is seen that in the Bank of Maharashtra account of the Applicant, she has deposited a total amount of Rs.20,71,500/- by virtue of several receipts which were received by her from investors. 5. In so far as the prosecution is concerned, they have been able to seize 470 grams of gold which has been pawned by the Applicant with Federal Bank where an outstanding loan amount of Rs.12,45,000/- is required to be paid. That apart, the prosecution has also seized three vehicles (2 Activa scooties and one Mahindra XUV700) at her instance. 6. To that extent, the prosecution can take further steps. The applicant seeks bail. She is having one minor son out of three children who is required to be provided care and support. She is not the principal accused person in the crime who has received the money for investment and reinvested the same. The principal accused person happens to be one Ms. Sujata Gharat. Applicant is arrested on 24.04.2025 and has been in incarceration for the past 1 year 5 months. 2 of 4 34.BA.2312.2026.doc Her custody is no longer required, since investigation is completed and in view of the aforesaid facts, the Applicant who is a woman is released on bail on the following terms and conditions 7. Considering the aforesaid, Applicant has made out case for grant of bail subject to following conditions:- (i) Applicant is directed to be immediately released from prison in connection with Crime No. 48 of 2025; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five Thousand only) with one or two surety / sureties of the like amount; (iii) Applicant shall report to the Investigating Officer at the concerned Police Station, once every month on the first Monday of the month between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if she does so it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; 3 of 4 34.BA.2312.2026.doc (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of her current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii)Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. 8. It is clarified that the observations made in this order are limited for the purpose of granting Bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 9. Bail Application is allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 4 of 4 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.28 15:24:13 +0530