Kashmira Sandip Pawar v. The State Of Maharashtra

Ajit Pathrikar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3698 OF 2025 Rani Durairaj Perinaba ...Applicant

Versus

State Of Maharashtra

...Respondent

Mr. Neeraj Yadav, for the Applicant.

Ms. Gauri S. Rao, APP for the State-Respondent. API - Jadhav, Pant Nagar Police Station, is present.

CORAM

DR. NEELA GOKHALE, J.

DATED:

13th JANUARY 2026 PC:- 1.

The Applicant seeks her release on bail in connection with C.R. No. 873 of 2022 registered with the Pant Nagar Police Station, Brihanmumbai City for the offences punishable under Sections 420, 409, 465, 467, 468, 471 and 120-B of the Indian Penal Code, 1860 ('IPC').

2.

The case of the prosecution, in brief, is that during the period of June, 2022 to August, 2022, while Vipul Patel was posted as a Branch Manager at Rajkot Nagarik Sahakari Bank

Ltd., the Applicant and the co-accused, namely Rajeev and Sonali, in pursuance of a criminal conspiracy, opened an account with the said bank and by forging documents, obtained an overdraft loan against the surrender value of the LIC policies which were also fake and forged. A complaint was made by Sunil Joshi, the Chief Manager of the Rajkot Nagarik Sahakari Bank Ltd., Ghatkopar (East), Mumbai and the FIR was registered accordingly.

3.

The Applicant made an application seeking bail before the Judicial Magistrate First Class, 49th Court, Vikhroli, Mumbai. However, by order dated 9th May 2025, the said application was rejected. Hence, the Applicant is before this Court seeking the relief as prayed.

4.

Mr. Neeraj Yadav, learned Counsel for the Applicant, at the very outset, submits that the co-accused have been granted bail and the role attributed to the present Applicant and that attributed to co-accused, Rajeev and Sonali, is identical. He submits that even Vipul Patel, another co-

accused and principal accused, who was the Branch Manager of the said bank at the relevant period and who accepted the forged documents from the Applicant and others, have also been enlarged on bail. He submits that the Applicant is arrested on 2nd May 2023, charges have been framed on 1st July 2024 and one witness is partly examined. Hence, on the basis of parity, Mr. Yadav prays that the present Applicant be enlarged on bail.

5.

Ms. Gauri Rao, learned APP, on instructions from the Investigating Officer, concedes that all the other accused are enlarged on bail. She leaves it on the Court to pass appropriate orders.

6.

I have heard learned Counsel appearing for the respective parties and perused the record with their assistance.

7.

Mr. Yadav has tendered order dated 7th March 2024 passed in Bail Application No. 3401 of 2023, pertaining to co-

accused, Rajeev Biswas. I have gone through the said order. The role attributed to Rajeev Biswas is identical to the role attributed to the present Applicant. Moreover, this Court has also recorded that the principal accused i.e. the Branch Manager of the Rajkot Nagarik Sahakari Bank Ltd., Ghatkopar (East), Mumbai, namely Vipul Patel, who was posted in the said bank for the period of June, 2022 to August, 2022 and has facilitated the acceptance of the fake LIC policies and has granted the aforesaid O.D. facilities to the accused and coaccused, is already enlarged on bail. The present Applicant has three antecedents against her. However, Mr. Yadav submits that the accused, who have been enlarged on bail, also have antecedents against them. In these circumstances, on the principle of parity alone, I am inclined to enlarge the Applicant on bail and it is ordered as under:

ORDER

i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs.1,00,000/- with one or two local sureties in the like amount;

ii) The Applicant shall attend the Trial Court concerned on each and every date as directed, till the conclusion of the trial, save and except if the Applicant is exempted from appearance by orders of the Trial Court.

iii) If the Applicant has not deposited her passport, the Applicant shall deposit the same with the concerned Police Station, if any;

iv) The Applicant shall not leave India, without permission of the trial Court;

v) The Applicant shall not tamper or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

vi) The Applicant shall inform her latest place of residence and mobile contact number immediately after being released and / or change of residence or mobile details, if any, from

time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station; vii) The Applicant to co-operate with the conduct of the trial;

viii) Any infraction of the aforesaid conditions shall entail cancellation of bail.

8.

Application is allowed in the above terms and is accordingly disposed of.

9.

It is made clear that the observations made herein are prima facie and are confined to this Application and the Trial Judge to decide the case on its own merits, uninfluenced by the observations made herein.

(Dr. Neela Gokhale, J)