Pooja Pandurang Garade v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1998 OF 2025 Pooja Pandurang Garade ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Dhanraj Lodha, for the Applicant.

Ms. Savita M. Yadav, APP, for the Respondent-State. Mr. Sagar Janrao, API, EOW, Pune City, Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

30th SEPTEMBER 2025 PC:- 1.

Heard Mr. Lodha, learned Counsel appearing for the Applicant and Ms. Yadav, learned APP appearing for the Respondent-State.

2.

The Applicant is seeking pre-arrest bail in connection with C.R. No.260 of 2024 registered with Bundgarden Police Station, Pune, for the offences punishable under Sections 406, 409, 420 read with Section 34 of the Indian Penal Code, 1860.

3.

As per the prosecution case, the First Informant-Goroba Vithoba Awate is working as Administrative Officer at Sassoon Hospital, Pune. The accused-Anil Mane, Drawing and Disbursing Officer ("DDO") and Sulakshana Chabukswar, Cashier were looking after accounts work of the Sassoon Hospital. The Sassoon Hospital is having account in Bank of Baroda. They transferred total amount of Rs.4,18,62,942/- illegally and unauthorisedly in the bank account of about 16 Government employees and 8 private persons and misappropriated the Government money by committing criminal breach of trust.

4.

During investigation it was found that the accused No.3Sachin Sasar, Senior Clerk, the accused No.2-Sulakshana Chabukswar, Cashier and the present Applicant-Pooja Pandurang Garade, Junior Clerk are the main accused. They were working in the Accounts Department of the Sassoon Hospital and all these amounts were transferred on the pretext that they are the payment towards arrears of 6th Pay Commission, due to various employees/persons.

5.

It is the main contention of Mr. Lodha, learned Counsel appearing that co-accused-Sachin Lahu Sasar is the main accused. By letter dated 6th August 2024 addressed to the Superintendent of Sassoon Hospital, Pune, he has inter alia accepted that an amount of Rs.40,53,230/- has been deposited in the account of the Applicant without her permission and she was not aware about the same and that the said amount was redeposited in the account of the accused No.3-Sachin Sasar by the present Applicant. Mr. Lodha, learned Counsel therefore, submits that the Applicant is not involved in the crime. He relied on the order dated 23rd September 2025 passed by this Court in the case of accused No.1-Anil Shivram Mane in Anticipatory Bail Application No.662 of 2025, common order dated 23rd September 2025 passed in Anticipatory Bail Application No.

965 of 2025 filed by Santosh Rajendra Jogdand and Anticipatory Bail Application No.1818 of 2025 filed by Sandip Nandkumar Kharat. He submits that role of the Applicant is same as that of these co-accused and therefore, the Applicant is entitled to be released on Anticipatory Bail.

Departmental Enquiry has been initiated against her and therefore, the Anticipatory Bail Application be allowed. 6.

On the other hand, Mr. Karmakar, learned APP appearing for the Respondent-State submitted that the role of the Applicant is totally different from the role of the co-accused to whom this Court has granted the Anticipatory Bail by orders dated 23rd September 2025. He submits that as far as Anil Shivram Mane is concerned, he was suffering from blood cancer and it is his case that he has relied on Sachin Sasar, Senior Clerk, Sulakshana Chabukswar, Cashier and Pooja Garade, Junior Clerk and that he has not received any money and therefore, he was granted Anticipatory Bail.

He submits that as far as Santosh Rajendra Jogdand and Sandip Nandkumar Kharat are concerned, the only role as alleged against them is that various amounts have been transferred in their account and they have re-transferred the said amounts in the account of main accused-Sachin Sasar or in any case the said amounts are deposited in the Court.

nothing to do with the arrears of the 6th Pay Commission and she has actively participated in the crime. Mr. Karmakar, learned APP pointed out statements of various officials of the Bank of Baroda who has stated that enquiry was made inter alia with the present Applicant regarding transfer of huge amounts in the bank account of various persons and she confirmed that the said amounts which are being paid to various persons are towards the arrears of the 6th Pay Commission. He therefore, submits that the Applicant has actively participated in the serious crime and therefore, custodial interrogation is necessary and therefore, the Anticipatory Bail Application be dismissed.

7.

Mr. Lodha, learned APP appearing for the Applicant submitted that the accused No.3-Sachin Sasar, Senior Clerk and accused No.2-Sulakshana Chabukswar, Cashier, were arrested and they have been released on regular bail. He submits that the chargesheet has also been filed. However, learned APP submits that as far as the present Applicant is concerned, the chargesheet is not filed and in the chargesheet it is mentioned that the present Applicant is absconding.

8.

Perusal of the record shows that the offence is very serious where the aggregate amount of Rs.4,18,62,942/- has been transferred in the bank account of about 16 Government employees and 8 private persons under the pretext that the same are the arrears of 6th Pay Commission. The material on record shows that on her representation that the amount is of arrears of 6th Pay Commission, the officials of Bank of Baroda have transferred the amount to some of the persons to whom the amount is transferred. Although the chargesheet is filed against the other accused, the chargesheet has not been filed against the present Applicant and it is specifically mentioned in the chargesheet that the Applicant is absconding. The material on record clearly shows the involvement of the present Applicant in the crime.

9.

Although Mr. Lodha, learned Counsel appearing for the Applicant has relied on the common order dated 23rd September 2025 passed by this Court in Anticipatory Bail Application No.965 of 2025 and Anticipatory Bail Application No.1818 of 2025 and order dated 23rd September 2025 passed in Anticipatory Bail Application No.662 of 2025, the role of those Applicants is totally

different. Although Anil Shivram Mane (the Applicant in Anticipatory Bail Application No.662 of 2025) is accused No.1 and FIR mentions about his role, however, admittedly he is suffering from blood cancer. The FIR was registered on 14th September 2024. Before the registration of the FIR on 28th August 2024, accused No.1-Anil Shivram Mane has filed complaint with the Deputy Commissioner of Police, Economic Offences Wing, Pune concerning this scam and before that with the Sassoon Hospital, Pune, on 22nd July 2024. As per the FIR, not a single penny has been deposited in the account of Anil Shivram Mane. It is his case that as he was suffering from blood cancer and he was completely relying on accused No.3-Sachin Sasar, Senior Clerk, who is the main accused, accused No.2-Sulakshana Chabukswar, Cashier and the present Applicant-Pooja Garade, Junior Clerk, who were working in the Accounts Department of Sassoon Hospital.

10.

As far as the Anticipatory Bail granted by common order passed in Anticipatory Bail Application No.965 of 2025 filed by Santosh Rajendra Jogdand and Anticipatory Bail Application No.1818 of 2025 filed by Sandip Nandkumar Kharat, their role is that certain amounts have been deposited in their accounts by the

main accused-Sachin Sasar and the said amounts have either been deposited in the Court or re-transferred in the account of Sachin Sasar. The accused-Sachin Sasar, who is the main accused by writing has confirmed that he has stated that he has transferred the said amounts in the accounts of those respective Applicants. Admittedly, the said amounts are deposited in the Court. Thus, the role of those Applicants is very limited.

11.

It is true that letter dated 6th August 2024 of main accusedSachin Sasar (Page-32) also states that as far as the present Applicant is concerned, Rs.40,53,230/- has been paid in her account unilaterally by him without her consent. However, this is a case where the Applicant herself worked at the relevant time in the Accounts Department of Sassoon Hospital and the officials of Bank of Baroda after confirming from the Applicant that the said amount is of arrears of 6th Pay Commission, transferred the said amount in the account of various persons. Thus, she has played very important role in the crime.

12.

Although it is the submission of Mr. Lodha, learned Counsel that the Applicant was working as Junior Clerk and she has no

role to play in the transfer of the amount, however, perusal of the record shows that the same has been done at the instructions of DDO who is the accused No.1-Anil Shivram Mane and he has completely relied on accused-Sachin Sasar, Sulakshana Chabukswar and the present Applicant as he is suffering from blood cancer. The investigation conducted by the Investigating Officer clearly shows that the Applicant has played major and active role in the crime. Although the chargesheet is filed against some other accused, as far as the present Applicant is concerned, it is specifically mentioned in the chargesheet that the Applicant is absconding.

13.

Accordingly, no case is made out for grant of Anticipatory Bail. The Anticipatory Bail Application is dismissed. [MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2025.10.01 16:15:53 +0530 SONALI MILIND PATIL