Bombay High Court
SAMEER PANDURANG BANKARversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court granted anticipatory bail to the applicant with conditions, finding no sufficient ground to deny bail.
Summary
The High Court considered an anticipatory bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Sameer Pandurang Bankar, accused of misappropriating Rs.2,67,808 under Section 409 of the IPC while serving as a postmaster. The alleged offences occurred between July 2019 and June 2021, but the FIR was lodged only in July 2026, creating a delay of over five years. The applicant had repaid the entire amount with interest by June 2021 and had no prior criminal record. The prosecution argued that the misappropriation affected numerous depositors and that the delay warranted denial of bail. The court held that the repayment, lack of antecedents, and the unexplained FIR delay justified granting anticipatory bail, subject to strict conditions. Consequently, the court ordered the applicant’s release on bail upon furnishing a bond and complying with attendance and non‑interference directives.
Issues considered
- Whether anticipatory bail should be granted under Section 482 BNS Act despite a five‑year delay in filing the FIR.
- Whether the applicant’s restitution of the misappropriated amount and clean antecedent record outweigh the seriousness of the offence under Section 409 IPC.
- Whether the delay in lodging the FIR constitutes a ground to deny bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code, 1860 — s. 409
Subjects
- anticipatory bail
- Section 482
- Section 409 IPC
- misappropriation of government funds
- delay in FIR
- bail conditions
- post office fraud
Judgment
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 …Respondent
(P.I. Haveli Police Station)
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,
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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 24 th
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 6 th 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.
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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 17 th 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 24 th 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:
ORDER
(a) In the event of arrest of the Applicant-Sameer
Pandurang Bankar in connection with C.R. No.63 of
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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 1 st 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
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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.]
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