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Bombay High Court

SUJIT SHRIPAD CHIKANEversusTHE STATE OF MAHARASHTRA

Disposal
Disposed Off

Holding

The High Court allowed the anticipatory bail application, confirming and making absolute the earlier bail order with its conditions.

Summary

Sujit Shripad Chikane, a salesman for Better Choice, was alleged to have misappropriated Rs.1,75,894 while handling payments from retailers, leading to charges under IPC sections 406 and 420. He filed an anticipatory bail application (No. 3182 of 2023) seeking pre‑arrest bail. The trial court, after hearing both sides, granted interim bail on condition of a bond and cooperation with the investigation. The State later submitted that the applicant had cooperated fully and that custodial interrogation was unnecessary after the charge‑sheet (R.C.C. No.268 of 2026) was filed. In the absence of the applicant’s counsel, the High Court confirmed the earlier bail order, made it absolute, and disposed of the anticipatory bail application.

Issues considered

  • What is the appropriate relief in an anticipatory bail application where the accused has been charged under sections 406 and 420 IPC and has cooperated with the investigation?

Legislation cited

Subjects

  • anticipatory bail
  • criminal breach of trust
  • cheating
  • IPC 406
  • IPC 420
  • bail conditions
  • cooperation with investigation

Judgment

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                                                                                        32-ABA-3182-2023 (CR).DOC


                                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                      CIRCUIT BENCH AT KOLHAPUR

                                                      CRIMINAL APPELLATE JURISDICTION

                                              CR. ANTICIPATORY BAIL APPLN. NO. 3182 OF 2023

                                Sujit Shripad Chikane                                        …...Applicant
                                       VERSUS
                                The State Of Maharashtra                                    …...Respondent

                                _________________________________________________________________


                                None for Applicant.
                                Dr. Ashvini A. Takalkar, APP, for the Respondent-State.
                                API, Mr. S. V. Bile, Satara City Police Station, present.
                                _________________________________________________________________

           Digitally signed
           by SHANTANU
SHANTANU SHANKARSA
          DHUDUM
                                                      CORAM         :   ASHWIN D. BHOBE, J.
SHANKARSA Date:
DHUDUM    2026.09.22
           20:15:41
           +0530
                                                      DATE          :   21st SEPTEMBER, 2026.
                                P.C.


                                1.           When this Application was called out, neither the Applicant, nor

                                the Advocate for the Applicant were present, either physically or through

                                V.C. mode.


                                2.           This Anticipatory Bail Application is pending since the year

                                2023. As such, perused the records with the assistance of Dr. Ashvini A.

                                Takalkar, learned APP, for the Respondent-State.


                                3.           on 8th November, 2023, the following order was passed:


                                            “1. Heard the learned counsel for the applicant and the learned
                                               APP for the State.


                       Shantanu S. Dhudum
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                                                                     32-ABA-3182-2023 (CR).DOC


                     2. This application is preferred seeking pre-arrest bail in
                        connection with C.R. No.754 of 2023 registered at Satara City
                        police station for the offences punishable under sections 406
                        and 420 of Indian penal Code, 1860.

                     3. The applicant was working as a salesman with ‘Better Choice’ a
                        distribution company situated at Powai Naka, Satara of which
                        the first informant is a proprietor. Better Choice distributes
                        Cadbury products. The applicant used to accept orders and
                        collect the price of goods sold and delivered from the
                        customers.

                     4. During the period January, 2023 to June, 2023 while checking
                        the reconciliation list, it transpired that the applicant had not
                        credited the amounts which were collected from various
                        retailers. Upon further inquiry, it was revealed that the
                        applicant had misappropriated an amount of Rs. 1,75,894/-.
                        Hence, the report.

                     5. The learned counsel for the applicant submitted that as the
                        applicant intended to leave the employment, he has falsely
                        been roped in. The applicant had duly transferred the amounts
                        to the account of the company.

                     6. The learned APP on the other hand, invited attention of the
                        Court to the statement of the retailers, who had paid the
                        amount to the applicant. Attention of the Court was also invited
                        to the statement of the bank account of the applicant which
                        shows that the amount claimed to have been paid by those
                        witnesses, had been credited to the applicant’s account.

                     7. Prima facie there appears material to show that the few of the
                        entries stated by the witnesses find mention in the statement of
                        account of the applicant. An endeavour was made by the
                        learned counsel for the applicant to show that, at times, the
                        applicant had accepted the amount in his personal account as

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                                                                      32-ABA-3182-2023 (CR).DOC


                        the amounts could not be credited to the account of the first
                        informant.

                     8. Most of the witnesses have claimed that they had paid the
                        amount in cash to the applicant. Three of the payments
                        aggregating Rs.3,711/- were allegedly through banking
                        channels. The major offence punishable under section 420 of
                        the Penal Code entails punishment which may extend to seven
                        years. Having regard to the quantum of the amount which had
                        allegedly been defrauded and the punishment which the
                        offence entails, I am inclined to grant interim protection while
                        directing the applicant to join in the investigation.

                        Hence, the following order.

                                                 ORDER

                     1] In the event of arrest in C.R. No.754 of 2023 registered with
                        Satara City police station, the applicant be released on bail on
                        furnishing a P.R. bond in the sum of Rs.30,000/- with one or
                        two sureties in the like amount.

                     2] The applicant shall cooperate with the investigation and attend
                        Satara City police station as and when directed.

                     3] The applicant shall not tamper with the prosecution evidence
                        and give threat or inducement to first informant, any of the
                        prosecution witnesses or any person acquainted with the facts
                        of the case.

                        Stand over to 20th December, 2023.”

         4.           Dr. Ashvini A. Takalkar, learned A.P.P. for the Respondent – State,

         in all fairness, submits that the Applicant has appeared before the

         Investigating Officer as and when required and has co-operated with the

         investigation. She further submits that, on completion of the investigation,

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                                                                 32-ABA-3182-2023 (CR).DOC


         the charge-sheet has been filed and the same is numbered as R.C.C. No.268

         of 2026 and is pending before the Court of Judicial Magistrate First Class,

         Satara.


         5.          In view of the same, Dr. Ashvini A. Takalkar, learned A.P.P. for the

         Respondent – State, submits that the custodial interrogation of the

         Applicant is not required in Crime No.754 of 2023.


         6.          Notwithstanding, the absence of the Advocate for the Applicant,

         in view of the fair stand taken by Dr. Ashvini A. Takalkar, learned A.P.P. for

         the Respondent – State, this Application is allowed by confirming the order

         dated 8th November, 2023 and making it absolute in terms of the operative

         part of the order bearing Nos.1, 2 and 3.


         7.          Anticipatory Bail Application No.3182 of 2023 is disposed of.




                                                       ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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