Sachin S/O Rajvi Gajbhiye v. The State Of Maharashtra Thr Pso., Rana Pratap Nagar, Ps Dist. Nagpur
1 8aba959.2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 959 OF 2025 Sachin s/o Ravji Gajbhiye Vs State of Maharashtra Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Amol Hunge, counsel for applicant.
Mr. S.B. Bissa, APP for non-applicant/State.
CORAM: RAJNISH R. VYAS, J.
DATED : 27/04/2026 1.
Apprehending arrest in connection with Crime No. 656 of 2025 registered with Rana Pratap Nagar, Police Station, Tah. and District Nagpur, for the offence punishable under Section 409, 420 and 406 of the Indian Penal Code, 1860, the applicant has approached this Court.
2.
The First Information Report (FIR) was lodged at the behest of one Pravin Manikrao Tatte. In short, it is the case of the prosecution that informant was working as Branch Manager with Bharat Financial Inclusion Limited, Koradi, Branch Nagpur, and the present applicant was working on the post of Sangam Manager/ Field Assistant. According to the FIR, it was the duty of the applicant to collect amount from the persons to whom the loan was disbursed, and deposit the same with the Bharat Financial Inclusion Limited, Koradi, Branch Nagpur. The FIR further shows that the total amount of Rs. 6,24,863/- was
2 8aba959.2025.odt defalcated by the present applicant and on being asked had deposited amount of Rs. 1,92,897/-, but embezzled amount of Rs. 4,31,966/-.
3.
The learned counsel for the applicant has submitted that he has deposited the entire amount with Jurisdictional Magistrate and therefore, considering that the offence under Sections 420 and 409 of Indian Penal Code, 1860 (IPC), he be released on bail.
4.
He further submitted that, vide order dated 19/12/2025, he was released on ad-interim anticipatory bail and was directed to cooperate with the Investigating Agency. The applicant further contended that the question whether offences under Sections 409, 420 and also Section 406 are made out will have to be answered during course of trial.
5.
Per contra, the learned APP has submitted that though the applicant has deposited the amount, the fact remains that he was occupying the post Field Assistance and therefore, was under an obligation to deposit the amount collected from the borrowers with the said Bharat Financial Inclusion Limited, Koradi, Branch Nagpur. 6.
With the assistance of the respective counsels, I have gone through the record of the case. The FIR is registered for commission of offence punishable under Sections 406, 409 and 420 of IPC. It is not disputed that applicant has deposited the entire amount of
3 8aba959.2025.odt Rs. 4,31,966/- with the Jurisdictional Magistrate. The applicant has further cooperated with the investigating agency. In view of the same, the following order is passed.
ORDER
a) The criminal application is allowed.
b) In the event of arrest in connection with Crime No. 656 of 2025 registered with Police Station, Rana Pratap Nagar, Police Station, Tah. and District Nagpur for the offence punishable under Section 409, 420 and 406 of the Indian Penal Code, 1860, the applicant- Sachin s/o Ravji Gajbhiye, be released on bail on furnishing a P.R. bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount.
c) The applicant shall attend the concerned Police Station on 30/04/2026 and 01/05/2026 between 10.00 a.m. to 12.00 noon and thereafter, as and when directed by the investigating agency.
d) The applicant shall cooperate with the investigating agency and shall not tamper with the prosecution evidence or influence the witnesses.
4 8aba959.2025.odt e] The amount deposited with the jurisdictional magistrate shall be treated as a crime property.
f) The applicant shall not leave the India without prior permission of the Court.
(RAJNISH R. VYAS, J.) rkn