SACHIN VILAS KAMBLEversusTHE STATE OF MAHARASHTRA

                                                              56.BA.3383.2026.doc

Ajay

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION

                       BAIL APPLICATION NO. 3383 OF 2026

       Sachin Vilas Kamble                               .. Applicant
             Versus
       State of Maharashtra                              .. Respondent

                                 ....................
        Mr. Abdul Kader, Advocate for Applicant.
        Ms. Anuja S. Gotad, APP for Respondent – State.
        API – Mr. Kanase, EOW Pune City present.
                                    ......…........…

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

       P.C.:

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

       Gotad, learned APP for Respondent – State.


       2.        This is an Application under Section 483 of the Bharatiya

       Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in

       connection with C.R.No.468 of 2025 registered with Vimantal Police

       Station, District Pune for offences punishable under Sections 316(2),

       316(5) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 (for short

       ‘BNS’) and Section 3 of the Maharashtra Protection of Interest of

       Depositors Act, 1999. The First Information Report is filed on

       23.09.2025 and Applicant came to be arrested on 23.09.2025.




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3.        Applicant is indicted in an offence of criminal breach of trust

and cheating. The case of the prosecution stems from the

Complainant's approaching them stating that Applicant has cheated

him and there is an element of criminal breach of trust. Prima facie,

the material which is placed on record shows that there was a

relationship between the parties whereby Complainant entrusted his

investment to the Applicant for investing in the share market and it is

also seen that for the first few months, the Complainant received

handsome returns. It is only when the returns dried up that the present

case of cheating and criminal breach of trust has been filed.

Investigation has been completed. All disclosures have been made,

prima facie element of cheating is not made out against the

prosecution in view of the fact that it is the Complainant's own case

that he had received amounts for the first few months on the

investments made by him.


4.        It is prima facie seen from the record that even as per the

prosecution case, out of the total outlay of the amount of Rs.3.57

crores, an amount in excess of Rs.1.37 crores has been received by the

Complainant and this itself enures to the benefit of Applicant before

me.


5.        The dispute, in my opinion therefore would be a civil dispute

and criminal prosecution cannot be invoked. However, the aspect of



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cheating can be proved by the prosecution at trial. Applicant is arrested

and in jail for almost 1 year, investigation has been completed and no

further custodial interrogation is required. Charges have been framed

and stage of trial is set. In that view of the matter, I am inclined to

accept the case of Applicant for grant of bail.


6.        Hence, in view of above prima facie observations and

findings, Bail Application of Applicant is allowed subject to the

following terms and conditions:-


          (i)   Applicant – Sachin Vilas Kamble is directed to be

                immediately released from prison in connection with

                CR. No.648 of 2025;


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

                furnishing P.R. Bond of Rs.50,000/- (Rs. Fifty Thousand

                only) with one or two sureties in the like amount;


          (iii) Applicant shall report to the Investigating Officer at

                Vimantal Police Station, once every month, on the first

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

                until commencement of trial and thereafter shall attend

                all dates of hearing before the Trial Court;


          (iv) Applicant shall cooperate with the conduct of the trial

                and remain present before the Trial Court on all dates,



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              unless specifically exempted. Applicant shall not seek

              unnecessary adjournments. Any such conduct shall

              entitle the prosecution to apply for cancellation of bail;


         (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 residential address and mobile telephone

              number and shall forthwith inform the Investigating

              Officer of any change in his residential address or

              mobile telephone number, as and when such change

              occurs; and


         (viii)Any breach or infraction of any of the aforesaid

              conditions shall entail cancellation of the bail granted to

              the Applicant.


7.       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



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       hereinabove in this order.


       8.                    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:
                  2026.09.28
                  20:28:29
                  +0530




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