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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code, 1860 — s. 34, 419, 420, 468
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
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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
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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.
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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.
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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.]
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