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2026 DAILYLAW 3574 (BOM)

SAMEER PANDURANG BANKAR v. STATE OF MAHARASHTRA

ABA/2267/2026 · 2026-08-17

Transfer Petitionbody2026

Judgment text

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39 ABA-2267-2026.DOC skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2267 OF 2026 Sameer Pandurang Bankar …Applicant Vs. State of Maharashtra (P.I. Haveli Police Station) …Respondent Ms. Pooja Agarwal (VC), for the Applicant. Mr. S.V. Walve, APP for the Respondent-State. API Sunita Chawre, Haveli Police Station, Pune Rural. CORAM: MADHAV J. JAMDAR, J. DATE : 17th AUGUST, 2026 P. C.: 1. Heard Ms. Agarwal, learned counsel appearing for the Applicant and Mr. Walve, learned APP appearing for the Respondent-State. 2. This application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre-arrest bail in connection with C.R. No.63 of 2026 registered with Haveli Police Station, Pune Rural for the offences punishable under Section 409 of the Indian Penal Code, 1860. 3. As per the prosecution case, the Applicant/Accused was working as the Branch Postmaster of Donje Post Office, Haveli, 17th August, 2026 39 ABA-2267-2026.DOC skt Pune between 17th July, 2019 to 10th June, 2021 and dishonestly misappropriated government money by collecting cash from India Post for depositing in their saving account, completing the transactions through biometric/OTP authentication, however, failed to deposit the cash into the branch post office account. As per the prosecution case, total amount which is misappropriated is Rs.2,67,808/-. As per the prosecution case, the Applicant has deposited the said amount of Rs.2,35,000/- in cash on 19th June, 2021 a further amount of Rs. 63,000/- towards interest on 24th June, 2021, therefore, total amount deposited is Rs.2,98,000/-. 4. It is the submission of Ms. Agarwal, learned counsel appearing for the Applicant that the incident, if any, has taken place between 17th July, 2019 to 10th June, 2021 and the F.I.R. has been lodged after a period of about five years, i.e., on 6th July, 2026. She submits that, in any event, the entire amount allegedly misappropriated along with the interest, has already been deposited with the Post Office. She further submits that the Applicant has no other criminal antecedents. In view of the aforesaid facts and circumstances of the case, she submits that the Applicant be granted anticipatory bail. Page 2 of 5 17th August, 2026 39 ABA-2267-2026.DOC skt 5. On the other hand, Mr. Walve, learned APP, submits that the amounts belonging to various depositors with the Post Office has been misappropriated and, therefore, the application for anticipatory bail deserves to be rejected. He further submits that there is delay in lodging the F.I.R. as no appropriate instructions had been issued by the higher authorities. 6. Perusal of the record shows that even as per the prosecution case, the incident has taken place between 17th July, 2019 to 10th June, 2021. The F.I.R. has been lodged on 6th July, 2026. Thus, there is delay of more than 5 years in filing the F.I.R. The amount involved in the crime along with interest has been deposited by the Applicant in the Post Office on 24th June, 2021. Prima facie, there is an unexplained delay of more than five years in lodging the F.I.R. There are no other antecedents. In view of the facts and circumstances, a case is made out for grant of Anticipatory Bail. Accordingly, the following order is passed: O R D E R (a) In the event of arrest of the Applicant-Sameer Pandurang Bankar in connection with C.R. No.63 of 17th August, 2026 39 ABA-2267-2026.DOC skt 2026 registered with Haveli Police Station, Pune Rural, the Applicant is directed to be released on bail on furnishing P.R. Bond in the sum of Rs.50,000/- with one or two solvent sureties each in the like amount. (b) The Applicant shall attend the concerned Police Station twice in a month on 1st and 3rd Monday between between 11:00 a.m. to 01:00 p.m. till filing of the chargesheet and shall cooperate with the investigation. In addition, the Applicant shall attend the concerned Police Station on 27th and 28th August, 2026 between 11:00 a.m. to 02:00 p.m. (c) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto. (d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel. (e) The Applicant shall not tamper with the prosecution 17th August, 2026 39 ABA-2267-2026.DOC skt evidence and shall not contact or influence the Complainant or any witness in any manner. (f) The Applicant shall not leave India without prior permission of the Court. 7. The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.] 17th August, 2026