Sarvesh Sandesh Mhatre v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ARJUN VITTHAL KUDHEKAR ANTICIPATORY BAIL APPLICATION NO.3621 OF 2025 Sarvesh Sandesh Mhatre ...Applicant

Versus

The State of Maharashtra

...Respondent

ARJUN VITTHAL KUDHEKAR Date: 2026.01.06 20:59:11 +0530 Ms. Tanvi Rane i/b Hulyalkar & Associates, for the Applicant. Ms. S. M. Yadav, APP, for the Respondent-State. P.S.I. Rahul Bhadane & Head Constable Mahesh Patil, Panvel City Police Station, Navi Mumbai, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED:

06 JANUARY 2026 PC:- 1.

Heard Ms. Tanvi Rane, learned Counsel appearing for the Applicant and Ms. Yadav, learned APP for the Respondent-State of Maharashtra.

2.

By the present Anticipatory Bail Application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Applicant is seeking pre-arrest bail in connection with CR No.214 of 2023 registered on 29th March 2023 with the Panvel City Police Station, Navi Mumbai, for the offences punishable under Section 307 of the Indian Penal Code, 1860, Sections 3, 25 and 27 of the

Arms Act, 1959 and Sections 37(1), 37(3) and 135 of the Maharashtra Police Act, 1951.

3.

It is the submission of Ms. Rane, learned Counsel for the Applicant that the Applicant is not involved in the crime. She submits that the only role attributed to the present Applicant is that the Applicant was driving the vehicle in which the incident has taken place. She submits that except one antecedent being CR/FIR No.119 of 2023 registered with Uran Police Station for the offences punishable under Sections 420, 406 read with 34 of IPC as also under Sections 3, 4 and 5 of the Prize Chits And Money Circulation Schemes (Banning) Act, 1978, Sections 3, 4, 5, 6, 21, 22, 23 and 25 of the Banning Of Unregulated Deposit Schemes Act, 2019 and Sections 3 and 4 of the Maharashtra Protection Of Interest Of Depositors (In Financial Establishments) Act, 1999, there are no other criminal antecedents. She submits that in said CR No.

119 of 2023 the Applicant has already been granted anticipatory bail by the Order dated 30th August 2025 passed by the learned Additional Sessions Judge, Panvel in Criminal Bail Application No.578 of 2025. She further submits that there are a total of 7 Accused. Out of them, 6 Accused have been granted regular bail.

She submits the Charge-sheet is already filed and therefore investigation is completed.

4.

On the other hand, Ms. Yadav, learned APP, submits that the offence is very serious, as in fact the FIR has been lodged fraudulently by the First Informant in connivance with the Accused and false information was given about the commission of crime. She submits that the Applicant is involved in serious crime of lodging false FIR inter alia under Section 307 of IPC. She submits that the Applicant was the driver of the vehicle, in which the alleged incident took place.

5.

Perusal of the record shows that the Charge-sheet is already filed even against the Applicant. Thus, investigation is completed. There is one criminal antecedent against the Applicant. However, in the said antecedent, the Applicant has been granted anticipatory bail. There are a total 7 Accused. As far as other Accused are concerned, they have been granted regular bail.

6.

Accordingly, case is made out for grant of anticipatory bail. However, as there is antecedent and crime involved is lodging of false FIR, stringent conditions are required to be imposed. 7.

In view thereof, the following Order is passed:

O R D E R

(a) In the event of arrest of the Applicant - Sarvesh Sandesh Mhatre, in connection with CR No.214 of 2023 registered with the Panvel City Police Station, Navi Mumbai, he be released on bail on his furnishing PR Bond in the sum of Rs.1,00,000/- with one or two solvent sureties in the like amount.

(b) The Applicant shall attend the concerned Police Station, once in a week i.e. on every Sunday between 11:00 a.m. to 02:00 p.m..

(c) The Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(d) The Applicant shall not directly or indirectly make any

inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel.

(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any witness in any manner.

(f) The Applicant shall not leave India without prior permission of the Court.

8.

The Anticipatory Bail Application is disposed of accordingly. [MADHAV J. JAMDAR, J.]