BHARATI ANKUSH SANEKAR AND ANRversusSTATE OF MAHARASHTRA

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Harish



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

     ANTICIPATORY BAIL APPLICATION NO. 2016 OF 2026

Bharati Ankush Sanekar and Anr.                             ...Applicants

            V/s.

The State of Maharashtra                                    ...Respondent

_____________________________________________________________

Adv. Gaurav Parkar, for the Applicant.

Adv. Prasanna P. Malashe, APP for the Respondent – State.

PSI – Mr. P. B. More, MHB Police Station, is present.

________________________________________________________

                   CORAM : PRAFULLA S. KHUBALKAR, J.

                   DATE : 29TH AUGUST, 2026.

P.C. :-


1.          Heard Adv. Gaurav Parkar, for the applicant and Adv.

Prasanna P. Malashe, learned APP for the respondent-state.


2.          Applicants are apprehending arrest in connection with Crime

No. 81 of 2025 dated 31.01.2025 registered with M. H. B. Police Station,

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Brihanmumbai, for the offence punishable under Section 420 read with

Section 34 of the Indian Penal Code (IPC), 1860.


3.         The FIR is registered on the basis of a report lodged by

Sharvari Vijaykumar Raut, alleging that during the period from

11.06.2012 to 14.06.2014, accused no. 1 Ankush Sanekar has induced her

to make several payments for purchasing some land and even though the

payments were made, the conveyance was not executed with respect to the

land and thus committed cheating with the complainant.


4.         Learned counsel for the applicants submitted that the offence

is registered in the background of certain financial transactions in between

the complainant and the accused no.1 Ankush Sanekar. He also states that

all those transactions have occurred prior to 14.06.2014. He further states

that although these applicants are named in the FIR, the allegations about

receipt of money are against Ankush Sanekar. He, therefore, submits that

the financial transactions which are in civil nature, occurred prior to

eleven years, allegedly executed in between the complainant and Ankush

Sanekar, have been given the colour of an offence. In all these

transactions, only because some amount is allegedly received by these

applicants, they have been arraigned as accused persons. He also states

that there are no criminal antecedents against these applicants and in view

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of the interim protection granted by this Court by order dated 29th July,

2026, they have attended the police station and extended the co-operation

and therefore he prays for confirmation of interim protection.


5.          As against this learned APP for the respondent opposed the

application and submitted that there are allegations in the FIR that the

applicant no. 1 Bharati Sanekar has received an amount of Rs. 8,50,000/-

and so also applicant no. 2 Jitendra Mhatre has received an amount of Rs.

7,80,000/- in their respective accounts. He, therefore, states that the

sources of these payments are not revealed by them. He submits that the

investigation in this regard is necessary. However, there is no dispute that

these applicants have attended the police station in accordance with the

interim protection granted by this Court.


6.          Perused the FIR and the documents placed on record. It has to

be noted that the main allegations about wrongful gain and cheating are

against accused no.1 Ankush Sanekar. It is crucial to note that the alleged

transactions have occurred prior to eleven years. Thus, with respect to

certain financial transactions in between the parties, the FIR is registered

in January, 2025.


7.          Considering the nature of allegations, it appears that the

transactions are primarily civil in nature. Hence, custodial interrogation of
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these applicants need not be insisted upon. In view of the fact that the

applicants have attended the police station in accordance with the interim

protection granted by order dated 29th July, 2026, the same needs to be

confirmed.


8.           Hence, I pass the following order.


                                 : ORDER :


                (i)     The application for anticipatory bail is allowed.


                (ii)    In the event of arrest of these applicants in

                Crime No. 81 of 2025 dated 31.01.2025 registered

                with M. H. B. Police Station, Brihanmumbai, for

                the offence punishable under Section 420 read

                with Section 34 of the Indian Penal Code (IPC),

                1860, they be released on bail on furnishing P.

                R. Bond of Rs. 25,000/- (Rupees Twenty Five

                Thousand only) each with one solvent surety of

                the like amount.

                (iii)   The applicants are directed to attend the

                police station as and when called upon by the

                investigating agency.
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            (iv)   The applicants are directed to disclose all

            their financial transactions and supply documents,

            if demanded by the investigating agency.

            (v)     The applicants shall extend cooperation

            during investigation and trial.

            (vi)    Breach of any of these conditions, shall be

            a ground for cancellation of bail.

9.       In view of this, the instant application is allowed in above

terms.




                                  (PRAFULLA S. KHUBALKAR, J.)




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