Created by Fuzzy Cloud

Bombay High Court

SARVESH NARAYAN SANKPALversusTHE UNION TERRITORY OF DADRA AND NAGAR HAVELI AND ORS

Decided
Disposal
Disposed Off

Holding

The court upheld the Single Judge’s order granting anticipatory bail, finding no sufficient ground to deny bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The applicant, Sarvesh Narayan Sankpal, a bank passing officer, was implicated in a fraud case involving alleged forgery and cheating of Rs.13,50,000, alleged under IPC sections 468, 419, 420 read with 34. The FIR was lodged on 19 July 2024, and a charge‑sheet was filed, completing the investigation. He filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, asserting that he merely verified signatures and was not involved in the crime. A Single Judge had already granted anticipatory bail on 28 March 2025, an order that remained in force. The High Court, after hearing counsel, upheld the earlier order and disposed the application, effectively confirming the grant of anticipatory bail.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged forgery, cheating and fraud.
  • Whether the applicant's role as a bank passing officer makes him liable for the offences alleged under IPC sections 468, 419, 420 and 34.
  • Whether the filing of a charge‑sheet and completion of investigation precludes the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • forgery
  • cheating
  • fraud
  • bank officer
  • IPC
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                                                                              21.ABA.864.25.DOC




             Digitally signed
             by PRACHI
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PRACHI       PRANESH
PRANESH      NANDIWADEKAR
NANDIWADEKAR
             Date: 2026.08.21
                                         CRIMINAL APPELLATE JURISDICTION
             17:52:38 +0530
                                  ANTICIPATORY BAIL APPLICATION NO. 864 OF 2025

                       Sarvesh Narayan Sankpal                              … Applicant
                       V/s.
                       The Union Territory of Dadra
                       and Nagar Haveli & Ors.                              …. Respondents
                                                   ______________________
                       Mr. Aniket Gawand for the Applicant.
                       Ms. S.D. Shinde, APP for the Respondent-State.
                       Ms. Archishmati Chandramore h/f Mr. Ashwin Thool for
                       Respondent Nos.1 and 2.
                                                   ______________________


                                                   CORAM : MADHAV J. JAMDAR, J.
                                                   DATED : 17 AUGUST 2026
                       P. C. :-

                       1.         Heard Mr. Aniket Gawand, learned counsel appearing for the

                       Applicant, Ms. Chandramore, learned counsel appearing for the

                       Respondent Nos.1 and 2 and learned APP for the Respondent-

                       State.


                       2.         By this application filed under Section 482 of the Bharatiya

                       Nagarik Suraksha Sanhita, 2023, the applicant is seeking pre-arrest

                       bail in connection with C.R. No.93 of 2024 registered with Silvassa




                                                          Page 1
                       PPN
                                                          21.ABA.864.25.DOC




Police Station (Union Territory of Dadra and Nagar Haveli) for

the offences punishable under Sections 468, 419, 420 read with

34 of the Indian Penal Code.


3.    The prosecution case is set out in            paragraph 3 of the

anticipatory bail application. The said paragraph 3 reads as under:-


      “The applicant states that, the alleged case of the prosecution
      story as per the FIR is such as:

        a) That, the complainant Ankitaben Yogendrabhai Patel alleged
        that on 29/05/2024 she along with her maternal grandfather
        namely Amratbhai Mancchu Patel R/o. Kakadfaliya, Karamkhal,
        Lavachha, Tal. Vapi, Dist-Valsad, Gujarat State have given an
        application prepared in English addressing to Silvassa Police
        station that her maternal Silvassa Police Station, SHO,
        grandfather is 70 years old, he has 2 daughters one of mother
        namely Bhartiben & second Jashodaben.

        b) She alleged that her maternal grandfather Amratbhai
        Mancchu Patel having Saving Bank account No.50840100019873
        in Bank of Baroda, Amli branch. She alleged that her Maternal
        grandfather Amratbhai Mancchu Patel has sold his land and its
        sale consideration amount was deposited in the said account and
        as an when required amount he used to go to Bank and withdraw
        the amount. She alleged that in the month of April 2024 she
        along with her maternal grandfather Amratbhai Mancchu Patel
        went to Bank of Baroda to withdraw the amount at that time they
        noticed that the bank balance was less in the account, therefore
        they made entries in the bank passbook and noticed that the
        amount of Rs.13,50,000/- was withdrawn on 04/11/2022 by vide
        cheque No.0008644, she alleged that on asking her maternal
        grandfather Amratbhai Mancchu Patel he informed her that he
        had not withdrawn any amount by the alleged cheque number
        and stated that I do not know who had withdrawn the said
        amount, but he stated that on 07-10-2022 he went to withdraw
        the amount of Rs.5,00,000/- at that time one Bank staff had only
        filled up his cheque and withdrawn amount of Rs.500000/-,
        thereafter again he had transferred the amount of Rs.
        10,00,000/- vide cheque No.008645 in the Bank of his daughter
        Bharti Arvindbhai Patel, thereafter he had not withdrawn any




                                  Page 2
PPN
                                                         21.ABA.864.25.DOC




      amount on that date.

      c) The complainant alleged that on 22-05-2024 she again went
      to Bank of Baroda, Amli branch along with her maternal
      grandfather Amratbhai Mancchubhai Patel and informed to the
      bank manager that we have doubt that they have not withdrawn
      the amount of Rs.13,50,000/-vide cheque No. 008644, on 04-11-
      2022 and requested to provide detail at that time the Bank
      manager has given a self cheque No.008644 of the said account
      of Amratbhai Mancchu Patel, in the said cheque there was
      signature of Amaratbhai Manchubhai Patel on both the side and
      the person who had given self cheque with Aadhar card whose
      name is Jitendra S/o. Damu Tanti R/o. Singadi Konda Jarkhand.
      Aadhar Card No.8526 6573 8301 Mobile No.6925100091 on
      verifying by the complainant said Amratbhai stated that he do not
      know who is Jitendra Tanti and he had not given any cheque to
      him.

      d) The complainant alleged that as per Bank record in the
      cheque No.008644 Amount of Rs. 13,50,000/-Dt:04/11/2022
      there was signature of Amratbhai Manchubhai Patel, however in
      bank record his original signature as Amrutbahi Manchubhai,
      thereafter the bank has not given other details and advised to
      lodge the complaint to Police. She further alleged that on 16-05-
      2022 they have filled up the cheque No.008651 of Rs.2000/-
      signed by said Amratbhai as Amratbhai Manchubhai Patel and
      issued the said cheque in the name of Patel Ankitaben
      Yogndrabhai and same had been deposited in her Bank account,
      but the said cheque was not passed reason Drawer signature
      differ from specimen recorded with us. She alleged that on 07-10-
      2022 her maternal grandfather Amratbhai Manchubhai Patel
      went to Bank of Baroda Amli branch along with cheque book of
      saving Account No.50840100019873 where a person presents in
      the bank stated that I am bank person and took him in his
      confidence and while filling the cheque he took a cheque
      No.008644 from the cheque book.

      e) She also alleged that on the said cheque one Jitendra S/o
      Damu anti R/o. Singadi Konda Jarkhand State had made
      duplicate signature of Amratbhai Mancchubhai Patel and
      deposited and withdrawn the amount of Rs.13,50,000/- from the
      bank. She alleged that the Bank Manager, Bank Cashier and
      Jitendra Damu Tanti had cheated and withdrawn the amount
      accordingly the complainant had registered the complaint vide
      Silvassa police station Cr. No. 93/2024 u/s. 468, 419,420, r/w. 34
      of I.P.C.




                                 Page 3
PPN
                                                      21.ABA.864.25.DOC




4.       It is the submission of the learned counsel appearing for the

Applicant that the Applicant is working in a Bank as passing officer

and he was responsible for verifying the signatures on cheques

which were presented in the Bank. It is his submission that the

Applicant verified the said signatures and sale deed for passing the

subject cheque on 4 November 2022 and F.I.R. has been lodged on

19 July 2024 after more than about one and half year. In any case,

charge-sheet is already filed and therefore, the investigation is

completed. He submits that the Applicant is not involved in the

crime.



5.       On the other hand, learned counsel appearing for the

Respondent Nos.1 and 2 strongly opposed the application. She

submits that the offence is very serious and therefore, the

anticipatory bail application be rejected.



6.       Perusal of the record shows that the only role as far as the

present Applicant who is working in the Bank of Baroda as passing

officer that subject cheque has been cleared on 4 November 2022.

The F.I.R. was lodged on 19 July 2024.




                                 Page 4
PPN
                                                     21.ABA.864.25.DOC




7.    A learned Single Judge has protected the Applicant by order

dated 28 March 2025 which order is in operation for last about 1

½ year. Accordingly, case is made out for grant of anticipatory bail.


8.    Anticipatory Bail Application is disposed of in terms of the

order dated 28 March 2025.



                                          [ MADHAV J. JAMDAR, J.]




                                Page 5
PPN


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.