Bombay High Court
SAURABH SANJAY KALE AND ANRversusTHE STATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
The court granted bail to the applicants, finding no prima facie evidence of their direct involvement and emphasizing the need for a reformative approach for young offenders.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning accused No.5 and No.7, who are engineers aged 24 and 26 and related to the principal accused in a large fraud involving deposits of over Rs.121 crore. The prosecution alleged that the applicants were present at the accused's office and were seen carrying bags of money, but no direct evidence linked them to the management or financial dealings of the company. The court noted that the applicants were not named in the FIR, that the prosecution had not produced prima facie material establishing a nexus, and that similar co‑accused had been granted bail earlier. Emphasizing the applicants' young age and the reformative purpose of bail, the court decided to grant bail subject to strict conditions. The order expressly limited its observations to bail and did not address the merits of the case.
Issues considered
- Whether the prosecution has established a prima facie case linking the applicants to the alleged fraud sufficient to deny bail
- Whether the applicants' age and lack of direct involvement warrant the grant of bail under Section 483 of the BNSS
- Whether the bail conditions imposed are appropriate to ensure the applicants' appearance and prevent tampering with evidence
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111(2), 316(2), 316(5), 318(4), 3(5), 61(2)
- Bhartiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Maharashtra Protection of Interest of Depositors Act, 1999 — s. 3, 4
Subjects
- bail
- prima facie
- young offenders
- fraud
- depositors protection
- criminal procedure
- reformative justice
Judgment
42.BA.1605.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1605 OF 2026
Saurabh Sanjay Kale and Anr. .. Applicants
Versus
State of Maharashtra .. Respondent
....................
Mr. Karan Rajput a/w. Mr. Tushar Sonawane, Advocates for
Applicants.
Ms. Shilpa G. Talhar, APP for Respondent – State.
API – Mr. B.J. Shinde, EOW, Nashik (Rural) present.
......…...........
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 01, 2026.
P.C.:
1. Heard Mr. Rajput, learned Advocate for Applicants and Ms.
Talhar, learned APP for Respondent – State.
2. This Application is filed under Section 483 of the Bhartiya
Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) in connection with
C.R.No.142 of 2024 registered with Lasalgaon Police Station for
offences punishable under Sections 111(2), 318(4), 316(2), 316(5),
61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”)
and Sections 3 and 4 of the Maharashtra Protection of Interest of
Depositors Act, 1999 (for short “MPID Act”).
3. There are two Applicants before me in the present Bail
Application. They are arraigned as accused Nos.5 and 7. The principal
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protagonist in the present matter is the accused No.1, who was
running a company called ‘Star-Inspire Jewellers Private Limited’
whereby he and his associates invited investors to make substantial
deposits and offered various schemes for higher returns. The returns
included various forms of returns including jewellery as well as money
returns.
4. In so far as the present Applicants before me are concerned,
they are related to the principal accused person. They are indicted in
the present crime which incidentally was made by the prosecution after
a hiatus of 9 months when a supplementary charge sheet has been
filed after filing of the first charge sheet. Applicants are not named in
the FIR either nor it is prosecution's case that they are beneficiaries of
the proceeds of crime.
5. Applicants are young offenders aged 24 and 26 years old and
by profession, they are qualified engineers, but they have been caught
in the crosswinds of the present offence in view of their nexus and
relationship with the accused No.1. Merely having relationship with
accused No 1 or for that matter any nexus will have to be established
prima facie by the prosecution on the basis of prima facie material
which is not made available before the Court.
6. Ms. Talhar, learned APP has vehemently persuaded the
Court to consider the extent and gamut of the present crime. She
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would submit that the outlay of the present crime runs into more than
121 crores having been received by the accused persons, namely the
principal accused persons from scores of investors. In her submission,
she would submit that there are at least 6 statements which indict the
present Applicants in the present offence. She would submit that the 6
statements of witnesses prima facie state that the Applicants were
present in the office of Accused No.1, who is the principal accused
person and they had made efforts to make the investors understand
the value of their investments and had accordingly induced them to
make investments.
7. She would, in her usual fairness submit that the principal
case of the prosecution against the Applicants is that they were seen
carrying the bags full of money which was deposited by the investors
with the principal accused persons.
8. I have considered the submissions made by Mr. Rajput and
Ms. Talhar, the learned Prosecutor on behalf of the parties. It is prima
facie seen that there is no direct role established by the prosecution so
as to persuade the Court to see the nexus of the Applicants in the
management or administration or financial dealings of the concerned
Company called ‘Star-Inspire Jewellers Private Limited’ run by Accused
No.1 which collected the deposits from investors promising them high
returns.
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9. Once this is seen, Applicants deserve parity as argued by Mr.
Rajput. Accused No.6 - Vaibhav Shinde is also similarly placed. He is
also related to accused No.1 and the only charge against him by the
prosecution is that he has been seen to have carried bags which were
full of money which were deposited by the investors. Equally, Accused
No.3, being the Manager of the aforesaid Company has been a direct
beneficiary of Rs.1 crore and notwithstanding this fact, both Accused
Nos.6 and 3 have been released on bail by orders of this Court dated
14.11.2025 and 03.12.2025.
10. Applicants are qualified engineers and young offenders.
Considering Applicants age, if they are enlarged on bail the Court is
hopeful that Applicants family will undoubtedly do their duty to make
every effort and attempt to reform and aid the Applicants in leading a
reformed life while on bail rather than keep them in prison and expose
them to criminal outlook and life in prison. However on the flip side, if
a chance is given to Applicants because of their young age by enlarging
them on bail, there is a possibility that they will be remorseful and
repent in retrospect. This is a chance required to be taken by the Court
because punishment has to be believed to be inflicted for a reformative
result rather than being punitive in nature.
11. Undoubtedly the trial will determine the complicity of
Applicants in the offence. While considering Bail Application in such
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facts, Court feels that reform and rehabilitation of the under trial
accused persons needs to be considered especially when age of the
accused persons is young so that the accused persons gets an
opportunity / or is given an opportunity to reform, rehabilitate and
earn his livelihood honorably from the perspective of social integration.
This is a chance which the Court must take considering the young age
of accused persons. The age of Applicants are very young. If Applicants
are incarcerated in prison further, there is every possibility that they
might lose faith in the institution and society at large and may tread
the path of criminality or would waste his life. Incarceration in prison
incidentally exposes many youth to abuse as is shown statistically.
12. There are several harms of incarceration which are inflicted
disproportionately on the youth. This is the reason why Court feels that
any / every semblance of a chance towards a reformative approach in
punishment should be adopted, especially in the case of young
offenders. Hence every opportunity or to that extent risk should be
constructively taken by the Court in the case of young offenders –
accused before committing such accused to further custody and give
such accused an opportunity to become a good citizen in the Society.
These observations are only in the view of the young age of the
Applicants before me and it is only a means to explore an alternative to
incarceration so that the Applicants can become good citizens.
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13. In view of the above and considering the prima facie role of
the Applicants as emanating from the record of the present case, I am
inclined to consider the case of the Applicants on parity before me. The
Applicants arraigned as accused Nos.5 and 7 are directed to be
released on bail.
14. Hence, in view of above prima facie observations and
finding, Bail Application of Applicants is allowed subject to the
following terms and conditions:-
(i) Applicant – Accused No.5 – Saurabh Sanjay Kale is
directed to be immediately released from prison in
connection with CR. No.242 of 2024;
(ii) Applicant – Accused No.7 – Gaurav Sanjay Kale is
directed to be immediately released from prison in
connection with CR. No.242 of 2024;
(iii) Both Applicants are directed to be released on bail on
furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five
Thousand only) each with one surety of the like
amount;
(iv) Both Applicants shall report to the Investigating Officer
at Lasalgaon Police Station, once every month, on the
first Monday of the month between 10:00 a.m. to 12:00
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p.m. until commencement of trial and thereafter shall
attend all dates of hearing before the Trial Court;
(v) Applicants shall cooperate with the conduct of the trial
and remain present before the Trial Court on all dates,
unless specifically exempted. Applicants shall not seek
unnecessary adjournments. Any such conduct shall
entitle the prosecution to apply for cancellation of bail;
(vi) Applicants shall not leave the State of Maharashtra
without prior permission of the Trial Court;
(vii) Applicants shall not influence any of the witnesses or
tamper with the evidence in any manner;
(viii)Applicants shall keep the Investigating Officer informed
of their current residential address and mobile
telephone number and shall forthwith inform the
Investigating Officer of any change in their residential
address or mobile telephone number, as and when such
change occurs; and
(ix) Any breach or infraction of any of the aforesaid
conditions shall entail cancellation of the bail granted to
the Applicants.
15. It is clarified that the observations made in this order are
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limited for the purpose of granting bail only and I have not made any
observations on the merits of the case. The trial shall be adjudicated
on the strength of the evidence led and strictly on its own merits being
uninfluenced with any of the prima facie observations made
hereinabove in this order.
16. Bail Application is allowed and disposed in the above terms.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally
signed by AJAY
TRAMBAK
AJAY UGALMUGALE
TRAMBAK
UGALMUGALE Date:
2026.09.01
20:36:01
+0530
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