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Bombay High Court

SHAMBHURAJE BABANRAO WABLEversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court held that there are no specific allegations of map tampering against the applicant, and therefore bail was warranted.

Summary

The applicant, a City Survey Officer, was charged under several IPC sections for alleged tampering of city survey maps, though he claims to be a whistle‑blower who reported the irregularities. A departmental enquiry exonerated him, and the prosecution’s case only alleged that he failed to verify certified copies against originals, with no specific allegation of actual tampering. The prosecution argued that he was the main culprit and could threaten witnesses, while the defence highlighted his clean record and the lack of concrete accusations. The Court examined the chargesheet, noted that the primary allegations of map tampering were against a co‑accused who had already been bailed, and found no substantive charge against the applicant. Consequently, the Court granted regular bail on cash and surety conditions, subject to standard compliance requirements, and clarified that the order is limited to bail and does not prejudice the trial.

Issues considered

  • Whether the applicant, despite being named in the chargesheet, warrants denial of bail on the ground of alleged involvement in map tampering.
  • Whether the departmental exoneration impacts the bail consideration under the IPC offences listed.
  • Whether there is a risk of the applicant absconding or influencing witnesses that justifies bail denial.

Legislation cited

Subjects

  • bail
  • map tampering
  • whistleblower
  • departmental enquiry
  • Indian Penal Code
  • government servant
  • surety

Judgment

                                                                                  55-BA-3520-25.doc


                    S.S.Kilaje


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION
                                         BAIL APPLICATION NO. 3520 OF 2025
                    Shambhuraje Babanrao Wable                                .....Applicant

                         VERSUS

                    The State Of Maharashtra                                  .....Respondent

                    _________________________________________________________________
                    Mr. Sudeep Pasbola, Senior Advocate a/w. Mr. Ujjalkumar Chavhan, Mr.
                    Bhushan Yadav, Mr. Aditya Hire and Mr. Chinmay Godse, Advocates for
                    the Applicant.
                    Mr. P. P. Jadhav, APP for the Respondent-State.
                    _________________________________________________________________

                                                           CORAM       :   SHIVKUMAR DIGE, J.
                                                           DATE        :   2nd FEBRUARY, 2026.
                    P.C. :

                    1.            By this application, the Applicant is seeking regular bail in

                    C.R.No. 82 of 2020 registered with Goregaon Police Station, Mumbai for

                    the offences punishable under Sections 465, 467, 468, 471, 409, 420,

                    120(B), 209, 34 of Indian Penal Code, 1860.

                    2.            It is prosecution’s case that the applicant, City Survey Officer

                    and co-accused tampered with City Survey Maps of Goregaon area which

                    were in their custody and showed certain structures constructed on the

                    said property. In fact, there were no structures on the said property, the
       Digitally
       signed by
       SONALI
SONALI SATISH       said tampering was done to reap benefits of illegal constructions.
SATISH KILAJE
KILAJE Date:
       2026.02.05
       15:08:06     3.            It is contention of learned Senior counsel for the applicant that
       +0700




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S.S.Kilaje


the applicant is the whistle blower.      He had filed complaint when he

noticed the tampering in records. After verifying the complaint, enquiry

began. The police filed two chargesheets against the co-accused. In third

chargesheet, name of the applicant is mentioned. No specific allegations

are made against the applicant except that he has not verified the maps

while issuing the certified copies. The departmental enquiry is conducted.

The applicant has been exonerated from the charges leveled against him in

the said departmental enquiry. The applicant is a Government Officer. He

has no antecedents. He is behind bars for around ten months. It may take

time to conclude the trial. Hence, requested to allow the application.

4.            It is contention of learned APP that the applicant is the main

culprit.     He was incharge of the office where tampering of the map

occurred. He has issued the maps without verifying the original map. By

fiddling with the said maps, the structures were shown as erected on the

plot of land whereas there were no structures. There is involvement of the

applicant and co-accused who are government servants.            They have

cheated the Government.          Though the applicant is exonerated in

departmental enquiry, there is sufficient material against him in the

chargesheet.     If the applicant is released on bail, he may abscond or

threaten prosecution witnesses. Hence, requested to reject the application.

5.            I have heard both the learned counsel. Perused chargesheet


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S.S.Kilaje


and documents produced on record. The main allegations of tampering in

the maps are against the co-accused Soma Marade. He has been released

on bail. The main allegations against the applicant are that he had not

verified the certified copies of map with original maps. The departmental

enquiry is conducted.      In the said enquiry, the applicant has been

exonerated from the charges leveled against him. When this Court asked

the learned APP about the specific role of the applicant, learned APP

submitted that it was duty of the applicant to verify the original map with

the certified copy but it was not done. In my view, there are no allegations

against the applicant of tampering with the maps.       The applicant is a

Government servant. Investigation is completed. Chargesheet has been

filed. The applicant is behind bars for around ten months.      Considering

these facts, I pass following order.

                                       ORDER

               i.    The applicant be released on cash bail of Rs.50,000/-

                     in C.R.No. 82 of 2020 registered with Goregaon Police

                     Station, Mumbai, on furnishing P.R. Bond of same

                     amount.

               ii.   The applicant shall furnish one or two sureties of

                     Rs.50,000/- within one month of release from jail.




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S.S.Kilaje


                 iii.   The applicant shall attend the concerned police station

                        as and when required.

                 iv.    The applicant shall not tamper with the evidence or

                        attempt to influence or contact the complainant,

                        witnesses or any person concerned with the case.

6.           The application is allowed in the aforesaid terms and is

accordingly disposed of. All pending applications, if any, disposed of.

7.           It is made clear that the above observations are made only for

the purpose of granting bail and the Trial Court shall decide the case on its

own merits in accordance with law and uninfluenced by the observations

made in this order.

8.           All concerned to act on the authenticated copy of this order.




                                                  (SHIVKUMAR DIGE, J.)




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