SHARAD GOVIND SAWANTversusSTATE OF MAHARASHTRA

                                                     911-ABA-1727-2025.odt

Harish

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
     ANTICIPATORY BAIL APPLICATION NO. 1727 OF 2025
Sharad Govind Sawant                                     ...Applicant
           V/s.
State Of Maharashtra & Anr.                              ...Respondents
_____________________________________________________________
Mr. Pranav Avhad a/w Ms. Darshna Naval i/b Darshna Naval, for the
Applicant.

Mr. Ashwin Pimple i/b SSB Legal & Advisory, for the Respondent No.2.
Mr. Ashok Gawai, APP for the Respondent – State.
PSI – Ms. Ashwini More, Kherwadi Police Station in present.
________________________________________________________
                  CORAM : PRAFULLA S. KHUBALKAR, J.
                  DATE    : 06TH AUGUST, 2026.
P.C. :-

1.           Heard Advocate Mr. Pranav Avhad for the applicant,

Advocate Mr. Ashok Gawai, learned APP for the State and Advocate

Mr. Ashwin Pimple learned counsel for the Respondent No.2.

2.           The applicant has filed the instant application under

Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

seeking pre-arrest bail in Crime No. 237 of 2025, dated 03.06.2025

registered with Kherwadi Police Station for the offence punishable

under Section 318(4), 316(2) & 351(2) read with Section 3(5) of

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Bharatiya Nyaya Sanhita (BNS), 2023.

3.           The FIR is registered at the instance of one Mrs. Lalita

Garud with respect to the alleged offence which occurred from

01.01.2018 till 30.09.2024. The offence is registered against two

accused persons including this applicant, who is arraigned as accused

no.1.

4.           The complainant has alleged that the family of the

complainant and the family of the applicant had cordial and very

friendly relations in the beginning. It is alleged that, on several

occasions, the applicant had borrowed certain sums of money from the

complainant which were repaid by him and on the suggestion of the

applicant, the complainant had also made investments in certain

properties. It is also alleged that the complainant had handed over

certain items of her personal jewellery to the applicant for safe

custody. However, although the applicant had initially repaid/returned

the amounts, later on has refused to return the amounts and the golden

ornaments and has thus committed cheating.

5.           The gravamen of the allegations, as emerging from the

FIR, pertains to the non-payment of the certain amounts advanced to

the applicant and non-return of various items of jewellery. It is alleged

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that the applicant alongwith his wife Mrs. Nitali Sharad Sawant, had

engaged in systematic and deceitful acts during the period from 2018

to 2024, under which they have induced the complainant by offering

lucrative investment opportunities to part away with substantial

amounts. It is an allegation that the accused persons repeatedly induced

the complainant to transfer substantial sums of amount and even to

handover jewellery of approximately 38 tolas, valued at around Rs. 35

lakhs, under the pretext of keeping it safely. It is thus alleged that the

accused persons have engaged in the acts of cheating and breach of

trust and have thus appropriated a total amount of Rs. 71,49,000/-. On

the basis of these allegations, the FIR came to be registered against this

applicant.

6.           Advocate Mr. Pranav Avhad, learned counsel for the

applicant submitted that the allegations of cheating are without any basis

since there was no intention to deceive at any point of time. By inviting

attention to the dates of the alleged offence and the date of FIR, he

submitted that there is unexplained delay in lodging the FIR. He submitted

that the FIR is lodged on the basis of misunderstanding only because the

money and the jewellery was not returned in short time. He submitted

that the allegations are only with respect to the financial transactions

and certain private lending arrangements amongst two families. He

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thus submitted that the dispute is civil and commercial in nature, based

on voluntary transfer of funds by the complainant and her husband,

which is given a colour of an offence.

7.          Apart from the above submissions, he submitted that the

applicant was granted interim protection by order dated 27 th June, 2025

passed by this Court and in accordance with the said order, the

applicant has attended the police station on several dates and has

cooperated with the investigating agency. He therefore, submitted that

the interim protection be confirmed.

8.          Per contra, learned APP and learned counsel for the

respondent no.2 opposed the application and submitted that the

applicant has indulged in serious acts of deception and cheating. They

submitted that the applicant has misused the faith and trust reposed by

the complainant and her husband. By pointing out the allegations in the

FIR, it is submitted that the applicant has received the huge amounts

and jewellery weighing 38 tolas, most of which is not yet returned and

thus, the offence of cheating and misappropriation is attracted. Learned

APP submitted that although the applicant has attended the police

station in accordance with the order dated 27 th June, 2025 passed by

this Court, he has not disclosed all the information demanded with


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respect to the financial transactions and has not extended proper

cooperation.

9.             Heard the arguments of both sides. Perused the FIR and

the documents filed on record. It has to be noted that undisputedly

there were very close and friendly relations in between family of the

complainant and the applicant. It appears that the complainant had

voluntarily given substantial amounts to the applicant either for giving

personal loan or for the purpose of making investments in some

lucrative business. It also appears that, although allegations are made

that there was an intention to deceive, however, the transactions appear

to be based on mutual faith and confidence against each other. It also

appears that most of the transactions including borrowings and

repayments were conducted through official banking channels. Further,

in view of whatsapp communications exchanged in between the

parties, it appears that the financial transactions in question were a part

of private lending arrangements between the applicant and the

complainant. The messages exchanged in between the parties show

that the amounts and jewellery were handed over by the complainant

voluntarily and without any inducement. As such, it prima facie

appears that the private financial arrangements, spanning over a period


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of six years, are branded as acts of cheating and criminal breach of

trust. The transactions appear to be civil and commercial in nature, at

this stage.

10.            It has to be noted that this Court has granted interim

protection to the applicant by order dated 27 th June, 2025. There is no

dispute that the applicant has appeared before the concerned police

station on the dates mentioned in the interim protection order and even

thereafter, as stated by the counsel for the applicant. There is nothing

on record to show any misuse of liberty granted by this Court.

11.            In view of the above, the interim protection granted by

this Court needs to be confirmed, subject to certain conditions.

12.            Hence, I pass the following order :

                         : ORDER :

              i] In the event of arrest of the applicant in

              Crime No. 237 of 2025, dated 03.06.2025

              registered with Kherwadi Police Station for the

              offence punishable under Section 318(4),

              316(2) & 351(2) read with Section 3(5) of

              Bharatiya Nyaya Sanhita (BNS), 2023, he be


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           released on bail on furnishing P. R. Bond of

           Rs.25,000/- (Rupees Twenty Five Thousand

           Only) with one solvent surety in the like

           amount.

           ii] The applicant is directed to attend the police

           station as and when called upon and extend

           cooperation.

           iii] The applicant is directed to disclose all the

           information related to the financial transactions

           and the jewellery of the complainant, as and

           when demanded by the investigating officer.

           iv] The applicant shall not indulge in any such

           offence in future.

13.          The Anticipatory Bail Application is allowed in above

terms. It has to be noted that breach of any of these conditions shall be

a ground for cancellation of the Anticipatory Bail.



                                   (PRAFULLA S. KHUBALKAR, J.)




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