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Bombay High Court

RESHMA AMIT GHARATversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Allowed

Holding

Bail is granted to the applicant subject to the conditions imposed by the court.

Summary

The Bombay High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Reshma Amit Gharat, a co‑accused in a case involving alleged cheating, criminal breach of trust, criminal intimidation and violations of the Maharashtra Protection of Interest of Depositors Act, 1999. The prosecution alleged that she introduced a school friend to the principal accused, received Rs 15.28 lakh in five tranches, deposited Rs 20.71 lakh from investors, and that gold and vehicles were seized from her. She had been in custody for one year and five months, is a housewife with a minor son, and the investigation was completed. The court examined whether she posed a flight risk, could tamper with evidence, or influence witnesses, and considered her family circumstances. Concluding that her custody was no longer necessary, the court granted bail on a personal bond of Rs 25,000 with several conditions, without commenting on the merits of the case.

Issues considered

  • Whether bail should be granted to a co‑accused in economic offences under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 considering the nature of the charges, length of custody, and family circumstances
  • Whether the applicant poses a risk of flight, witness tampering or evidence tampering warranting denial of bail

Legislation cited

Subjects

  • bail
  • co‑accused
  • economic offences
  • IPC 420
  • IPC 406
  • IPC 506
  • Maharashtra Depositors Act
  • flight risk
  • witness tampering
  • family considerations

Judgment

                                                                           34.BA.2312.2026.doc

HARSHADA H. SAWANT
      (P.A.)
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                               BAIL APPLICATION NO.2312 OF 2026

              Reshma Amit Gharat                                      .. Applicant
                         Versus
              The State of Maharashtra                                .. Respondent
                                         ....................
               Mr. Dhananjay Bhosale a/w. Mr. Paresh Gaikwad and Mr. Akshay
                Nijampurkar, Advocates for Applicant.
               Ms. Anuja S. Gotad, APP for Respondent.
                                            ...................

                                           CORAM : MILIND N. JADHAV, J.
                                           DATE          : SEPTEMBER 28, 2026
              P.C.:

              1.        Heard Mr. Bhosale, learned Advocate for Applicant and Ms.

              Gotad, learned APP for Respondent.


              2.        This is an Application under Section 483 of Bharatiya

              Nagarik Suraksha Sanhita, 2023 seeking Bail in connection with C.R.

              No.48 of 2025 registered with Uran Police Station for offences

              punishable under Sections 420, 406, 506 read with Section 34 of the

              Indian Penal Code, 1860 and Sections 3 and 4 of the Maharashtra

              Protection of Interest of Depositors Act, 1999.


              3.        The Applicant before me is one of the co-accused persons

              who having introduced her school friend to the principal Accused

              person for investments and returns is arraigned and accused in the

              present crime.



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4.        The prosecution case is prima facie against the principal

accused person called Sujata Gharat who is a relative of the present

Applicant. Applicant is a housewife. She has introduced the

Complainant to the principal accused person for investment. Even

according to the prosecution case, the Applicant has received a total

amount of Rs.15,28,799/- in five tranches in her bank account. Prima

facie, it is seen that in the Bank of Maharashtra account of the

Applicant, she has deposited a total amount of Rs.20,71,500/- by

virtue of several receipts which were received by her from investors.


5.        In so far as the prosecution is concerned, they have been able

to seize 470 grams of gold which has been pawned by the Applicant

with   Federal   Bank   where    an   outstanding    loan   amount      of

Rs.12,45,000/- is required to be paid. That apart, the prosecution has

also seized three vehicles (2 Activa scooties and one Mahindra

XUV700) at her instance.


6.        To that extent, the prosecution can take further steps. The

applicant seeks bail. She is having one minor son out of three children

who is required to be provided care and support. She is not the

principal accused person in the crime who has received the money for

investment and reinvested the same. The principal accused person

happens to be one Ms. Sujata Gharat. Applicant is arrested on

24.04.2025 and has been in incarceration for the past 1 year 5 months.



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Her custody is no longer required, since investigation is completed and

in view of the aforesaid facts, the Applicant who is a woman is released

on bail on the following terms and conditions


7.        Considering the aforesaid, Applicant has made out case for

grant of bail subject to following conditions:-


          (i)   Applicant is directed to be immediately released from

                prison in connection with Crime No. 48 of 2025;


          (ii) Applicant is directed to be released on bail on

                furnishing P.R. Bond of Rs. 25,000/- (Rs. Twenty Five

                Thousand only) with one or two surety / sureties of the

                like amount;

          (iii) Applicant shall report to the Investigating Officer at the

                concerned Police Station, once every month on the first

                Monday of the month between 10:00 a.m. to 12:00

                p.m.;

          (iv) Applicant shall co-operate with the conduct of trial and

                attend the Trial Court on all dates, unless specifically

                exempted    and    will   not     take   any   unnecessary

                adjournments, if she does so it will entitle the

                prosecution to apply for revocation of this order;

          (v) Applicant shall not leave the State of Maharashtra

                without prior permission of the Trial Court;


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                                         (vi) Applicant shall not influence any of the witnesses or

                                               tamper with the evidence in any manner;

                                         (vii) Applicant shall keep the Investigating Officer informed

                                               of her current address and mobile contact number and /

                                               or change of residence or mobile details, if any, from

                                               time to time, as applicable; and

                                         (viii)Any infraction of the conditions shall entail cancellation

                                               of bail granted to the Applicant.

                   8.                    It is clarified that the observations made in this order are

                   limited for the purpose of granting Bail only and I have not made any

                   observations on 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.


                   9.                    Bail Application is allowed and disposed of in the above

                   terms.



H. H. SAWANT                                                            [ MILIND N. JADHAV, J. ]

                            Digitally signed
               HARSHADA by HARSHADA
                        HANUMANT
               HANUMANT SAWANT
               SAWANT   Date: 2026.09.28
                            15:24:13 +0530




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