Bombay High Court
MANOJ THANSIGH JADHAVversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
Holding
Bail is granted to the applicant subject to specified conditions.
Summary
Manoj Thansigh Jadhav, a co-accused in CR No.63 of 2025, applied for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. He was alleged to have received approximately Rs.32 lakh as proceeds of crime in a fraud involving the company ‘Open Hands’, violating Sections 318(4), 316(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, Section 3 of the Maharashtra Protection of Interest of Depositors Act, 1999 and Section 66(D) of the IT Act, 2000. The applicant offered to deposit 50% of the amount as a demand draft to show his bona fides. The court, noting the presence of multiple accused, partial returns to investors and the applicant’s willingness to cooperate, granted bail subject to a cash bond, sureties and several reporting and non‑tampering conditions. The order expressly limited its observations to bail and did not address the merits of the case.
Issues considered
- What is the appropriateness of granting bail to a co‑accused who is alleged to have received proceeds of a fraud under the cited statutes?
- Does the applicant’s offer to deposit a portion of the alleged proceeds satisfy the criteria for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 3(5)
- Information Technology Act, 2000 — s. 66(D)
- Maharashtra Protection of Interest of Depositors Act, 1999 — s. 3
Subjects
- bail
- cyber crime
- cheating
- criminal breach of trust
- investment fraud
- Maharashtra Protection of Interest of Depositors Act
- IT Act
- multiple accused
- surety
- court conditions
Judgment
40.BA.3015.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.3015 OF 2026
Manoj Thansigh Jadhav .. Applicant
Versus
The State of Maharashtra .. Respondent
....................
Ms. Abhilasha Pawar a/w. Mr. Shivraj Dubele, Advocates i/by Mr.
Sumit Patil for Applicant.
Mr. Sukanta A. Karmakar, APP for Respondent.
I.O.- Jagrendrasing Rajput – Senior P.I. E.O.W., Nashik City present.
...................
CORAM : MILIND N. JADHAV, J.
DATE : OCTOBER 07, 2026
P.C.:
1. Heard Ms. Pawar, learned Advocate for Applicant and Mr.
Karmakar, 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.63 of 2025 registered with Cyber Police Station, Nashik for offences
punishable under Sections 318(4), 316(2) read with Section 3(5) of
the Bharatiya Nyaya Sanhita, 2023; Section 3 of the Maharashtra
Protection of Interest of Depositors Act, 1999 and Section 66(D) of the
Information Technology Act, 2000.
3. On 30.09.2026, the following order was passed:-
“1. Not on Board. Mentioned by way of filing praecipe dated
30.09.2026. Taken on Board. Perused the praecipe.
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2. Heard Mr. Patil, learned Advocate for Applicant and Mr.
Karmakar, learned APP for Respondent – State.
3. Present Criminal Bail Application No.3015 of 2026 is filed
by one of the co-accused persons who is indicted in the offence under
the MPID Act for offences of cheating and criminal breach of trust.
4. According to Applicant's Advocate, case of prosecution is
that Applicant received an amount Rs.32 lakhs approximately as
proceeds of crime. He would submit that the Applicant is ready and
willing to show his bonafides by depositing 50% of the amount so
that the Court can consider granting bail to the Applicant on
appropriate terms. Such instruction are received from the Applicant’s
relatives.
5. The learned Prosecutor is directed to verify and ascertain
the aforesaid submission regarding receipt of amounts by the
Applicant in the present Criminal Bail Application and accordingly
apprise the Court about its veracity on the next date of hearing.
Subject to hearing the prosecution with regard to the amounts
received by Applicant, as stated by the prosecution, further orders
shall be passed.
6. Advocate for Applicant is directed to serve a copy of this
Application to the learned Prosecutor.
7. Stand over to 7th October 2026. To be placed under the
caption ‘First on Board’.”
4. The learned APP has drawn my attention to the charge-sheet,
copy of which is appended at Exhibit-B and when read at page Nos.24
and 25, it is prima facie seen that the Applicant has received an
amount of Rs.32,09,978/- from the investors.
5. The Applicant has shown his bona fides by making a demand
draft of Rs.16,04,990/- which is in the name of the Registrar, High
Court of Bombay, to be deposited in the present case.
6. Considering the fact that there are several accused persons
involved in the present crime and each of those accused persons
worked for the company called ‘Open Hands’ which was an investment
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Company wherein customers and investors were induced to invest
amounts for higher returns and also considering the fact that many of
the customers did receive back certain returns initially and Applicant
being one of the persons involved on behalf of the Company and the
Applicant having shown his bona fides, I am inclined to consider the
case of the Applicant for grant of bail.
7. The Demand Draft No.1564 dated 06.102026 is directed to
be deposited in the Registry and Registry shall accept the same. The
said amount shall be transferred to the Trial Court in the account of the
case before the Trial Court.
8. In view of the above, the Applicant is allowed to bail on the
following terms and conditions:
9. Considering the aforesaid, Applicant has made out case for
grant of bail subject to following conditions:-
(i) Applicant - Manoj Thansigh Jadhavis directed to be
immediately released from prison in connection with
Crime No. 63 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;
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(iii) Applicant shall report to the Investigating Officer at
Cyber Police Station, Nashik, 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 he 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;
(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 his 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.
10. The original Demand Draft is returned back to the Advocate
for depositing the same in the Registry.
11. 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
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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.
12. 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: 2026.10.07
14:53:40 +0530
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