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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 34, 406, 420, 506
- Maharashtra Protection of Interest of Depositors Act, 1999 — s. 3, 4
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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