Bombay High Court
Yogesh Umesh Sancheti And Ors vs State Of Maharashtra on 22 May, 2026
7-ABA-1350-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1350 OF 2026
Yogesh Umesh Sancheti and Ors. ... Applicants
Versus
The State of Maharashtra ... Respondent
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Mr. Seoul Shah a/w Mr. Chinmay Patil, Mr. Abhinav Tayade and Mr.
Shahnawaz SiddhiquE i/b Mr. Chinmay Patil, for the Applicants.
Mr. M. S. Sonawane, A.P.P., for the Respondent-State.
Mr. Angad Singh Gill i/b Ms. Manisha Devkar a/w Mr. Vineet Shetty,
for the Original Complainant/ Intervenor.
Mr. Shinde, Police Sub Inspector, Faraskhana Police Station, Pune City.
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CORAM : SANDESH D. PATIL, J.
DATE : 22 nd MAY, 2026.
(VACATION COURT)
P.C. :
1. Heard learned Counsel appearing for the Applicants.
2. The case of the Prosecution in short is that the Complainant, who was carrying on business in gold and silver developed friendly relationship with the Applicants No.3 and his family. They entered Manisha 1/4 ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:30:47 ::: 7-ABA-1350-2026.doc into one partnership also, such was the close relationship of the parties. The Applicants No.2, who is the mother of the Applicant No.1 informed the Complainant that the Applicant No.1 suffered some financial loss in gold and silver. She asked for certain amount of gold. Taking into consideration the long standing relationship, gold to the tune of Rs.1.5 kilograms was given without interest. Out of that gold, gold admeasuring 500 grams was returned. Gold admeasuring 1000 gram i.e. 1 kg was not returned. The case of the Prosecution is that the Applicants wanted to cheat the Complainant and therefore, the Accused had induced the Complainant to enter into the said transaction.
3. Learned Counsel appearing for the Applicants stated that this is a transaction of loan and that the Complainant is trying to recover the gold lent by the Complainant through the police machinery. He submits that the Applicants are innocent and that, their custodial interrogation is not necessary. He submits that the Applicants are permanent resident of the address given in the title clause and that his Manisha 2/4 ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:30:47 ::: 7-ABA-1350-2026.doc custodial interrogation is not necessary. The Applicants are ready to co-operate with the investigation.
4. Learned Counsel appearing for the State as well as the Intervenor states that the Applicants do not want to return the gold. They submit that right from the beginning, the Applicants wanted to defraud the Complainant and as a part of the deceit they have returned only 500 grams of gold and remaining 1000 gram is not returned. Both the learned Counsel appearing for the State and the Intervenor invites my attention to paragraph no.8 of the Order passed by the learned Addl. Sessions Court, Pune while rejecting bail which notes that the learned Advocate appearing for the Applicants did not dispute that 1000 grams gold is not returned by the Applicants to the informant. They rely upon WhatsApp chat to show that admittedly the Applicants had received 1000 grams of gold. They pray for rejection of the present Application.
5. Having heard the learned Counsel appearing for the respective Manisha 3/4 ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:30:47 ::: 7-ABA-1350-2026.doc parties and after perusing the F.I.R., it is evident that, admittedly there was a transaction whereby 1500 grams gold was given to the Applicants. Admittedly, 500 grams of gold was returned by the Applicants, however, 1000 grams of gold was not returned by the Applicants. Thereafter, the F.I.R. was lodged. Although it is true that the Police would not act as a recovery agent yet this is a case where the Complainant has alleged offences under Section 316(2), 318(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. It is the contention of the Complainant that the Applicants wanted to cheat the Complainant and therefore, only part of the gold was returned i.e. 500 grams and major portion of the gold is not yet returned. Having considered the aforesaid position, it is clear that prima facie case against the Applicants is made out in the F.I.R. No.153 of 2026 registered with Faraskhana Police Station, Pune City on 6 th May, 2026. Therefore, no case is made out for grant of any ad-interim relief .
6. List the matter on 16th June, 2026 for further consideration.
(SANDESH D. PATIL, J.) Manisha 4/4 ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:30:47 :::