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2026 DAILYLAW 17842 (BOM)

SAGAR DATTATRAY GORHE v. STATE OF MAHARASHTRA

BA/3231/2026 · 2026-10-13

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Judgment text

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47 - BA - 3231 - 2026.docx Rushi IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3231 OF 2026 Sagar Dattatray Gorhe … Applicant V/s. State of Maharashtra … Respondent Ms. Shubhangi Parulekar, for the Applicant Mr. Amit Palkar, APP for the Respondent - State. Mr. Amit Kumbhar, API, Sinhgad Police Station, Pune present. CORAM : MILIND N. JADHAV, J. DATED : OCTOBER 13, 2026 P.C.: 1. Heard Mrs. Shubhangi Parulekar, learned Advocate for Applicant and Mr. Amit Palkar, 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.276 of 2023 registered with Sinhgad Police Station, Pune for offences punishable under Sections 420, 406, 409, 120(B) of Indian Penal Code, 1860; and under Sections 3, 4 of Maharashtra Protection of Interest of Depositors Act, 1999 (for short ‘MPID Act’) 3. The Applicant is indicted and arrested in a crime for cheating and criminal breach of trust along with five other accused persons, two of whom are absconding till date. The absconding accused persons are the persons to whom the amounts have been routed through the bank 1 47 - BA - 3231 - 2026.docx Rushi account of the present Applicant. The Applicant is not a beneficiary of any of the alleged transactions. Neither is it the case of the prosecution or the complainant that the Applicant was involved in the inducement of the complainant. The scheme was operated by the principal accused No. 4, who happens to be the brother-in-law of the Applicant. 4. The learned Advocate for the Applicant, Mrs. Shubhangi Parulekar, has placed on record the bank transactions to prima facie demonstrate the movement of the amounts in and out of the bank account of the Applicant to that of accused No. 4. Most importantly, the Applicant is not an employee or a partner of the share marketing business which was operated by accused Nos. 4 and 5, and, therefore, it is also argued that the provisions of criminal law and, more specifically, MPID proceedings may not get attracted. Three years have passed, the investigation is completed, and the principal accused have not been arrested and brought to book till date. In that view of the matter, I am inclined to accept the case made out by Mrs. Shubhangi Parulekar on the ground of parity, because the other two accused persons, namely, A- 2 and A-3, have already been enlarged on bail. 5. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the following terms and conditions:- 2 47 - BA - 3231 - 2026.docx Rushi (i) Applicant is directed to be immediately released from prison in connection with CR. No.276 of 2023; (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 sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at concerned Police Station, once every month, on the first Monday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; 3 47 - BA - 3231 - 2026.docx Rushi (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 his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii) Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 6. 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. 7. Bail Application is allowed and disposed in the above terms. [MILIND N. JADHAV, J.] 4