[Cites 4, Cited by 0]
Bombay High Court
Sandip Somnath Hiray vs State Of Maharashtra on 3 February, 2026
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
2026:BHC-AS:5426 909-ABA-303-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.303 OF 2026
Sandip Somnath Hiray ...Applicant
Versus
Digitally
signed by The State of Maharashtra ...Respondent
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.02.03 Mr. Rajaram Gite a/w. Ms. Siddhi Dawne, for the Applicant.
14:53:58
+0530 Ms. R. V. Newton, APP, for the Respondent-State.
CORAM: MADHAV J. JAMDAR, J.
DATED : 3rd FEBRUARY 2026
PC:-
1. Heard Mr. Gite, learned Counsel appearing for the Applicant
and Ms. Newton, learned APP appearing for the Respondent-State.
2. This application is filed under Section 438 of the Code of
Criminal Procedure, 1973 seeking pre-arrest bail in connection
with C.R. No.27 of 2025 registered with Malegaon Chawani Police
Station, Nashik Rural, Nashik, for the offences punishable under
Sections 506, 504, 420, 323 read with 34 of the Indian Penal Code,
1860.
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3. As per the prosecution case, the subject property has been
sold by a registered sale-deed dated 19th July 2022 for a total
consideration of Rs.2,41,00,000/-. However, only an amount of
Rs.27,00,000/- has been paid by RTGS and it was represented that
the balance amount would be paid after registration of the
saledeed and thereafter all Accused ran away.
4. It is the submission of Mr. Gite, learned Counsel for the
Applicant that the First Informant has purchased the suit property
by a registered sale-deed dated 4 th October 2021 for an amount of
Rs.23,05,000/- and thereafter the same has been sold to the
Accused No.1 for an amount of Rs.27,00,000/-. He submits that
the said entire payment has been made. He submits that, in any
case, the incident has taken place on 19 th July 2022 and the FIR
has been lodged on 18th January 2025. He submits that the
Charge-sheet is filed against some Accused and, therefore,
investigation is substantially completed. He submits that although
there is one antecedent, the same is of they year 2022 and the
Applicant has been granted pre-arrest bail in the said crime.
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5. Ms. Newton, learned APP strongly opposes the Anticipatory
Bail Application. She submits that submits that the offence is very
serious and, therefore, custodial interrogation is necessary. She
submits that investigation is transferred to the EOW. She submits
that the Charge-sheet is almost ready and the same can be filed
shortly. She submits that as far as the Accused No.4, there is one
antecedent and the same modus operandi is involved in the said
crimes.
6. Perusal of the record shows that the Applicant-Accused No.1
purchased the subject property on 19th July 2022 by a registered a
sale-deed. The said registered sale-deed mentions consideration is
at Rs.27,00,000/-. Undisputedly, the said amount of
Rs.27,00,000/- has been paid to the First Informant. The FIR has
been lodged on 18th January 2025 i.e. after a delay of about 2
years and 6 months. The Applicant's role is that he was present
when the alleged incident took place. The accused No.1 who is the
main accused has already been granted pre-arrest bail by this
Court by order dated 23rd January 2026 passed in Anticipatory Bail
Application No.443 of 2025.
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7. Accordingly, the case is made out for grant of Anticipatory
Bail. For the above reasons, the Anticipatory Bail Application is
allowed by passing the following order is passed:
ORDER
(a) In the event of arrest of the Applicant-Sandip
Somnath Hiray in connection with C.R. No.27 of 2025
registered with the Malegaon Chawani Police Station,
Nashik Rural, Nashik, the Applicant is directed to be
released on bail on his furnishing P.R. Bond in the sum
of Rs.50,000/- with one or two solvent sureties in the
like amount.
(b) The Applicant shall attend the Malegaon Chawani
Police Station, Nashik Rural, Nashik, once in 15 days
i.e. on first and third Sunday of every month between
11:00 a.m. to 02:00 p.m., till framing of the charge
and shall co-operate with the investigation.
(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.
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909-ABA-303-2026.DOC
(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 learned Trial Court/concerned
Sessions Court.
8. The Anticipatory Bail Application is disposed of accordingly.
[MADHAV J. JAMDAR, J.]
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