Mumbai, April 9, 2025 (Thane News Network): The Additional Sessions Judge for Greater Mumbai, Shri A.A. Kulkarni, has granted bail to Sanjay Shashank Kandar, a 37-year-old jewelry maker residing in West Bengal, in connection with a case of gold misappropriation initially registered at Pydhonie Police Station and later transferred to DCB CID Unit-6. The order was passed on August 30, 2022, in Criminal Bail Application No. 1961 of 2022.

The applicant, Sanjay Shashank Kandar, was arrested in connection with Crime No. 591 of 2022 at Pydhonie Police Station, which was subsequently transferred and renumbered as Crime No. 53/22 at DCB CID Unit-6. He was charged under Sections 408 (criminal breach of trust by clerk or servant), 465 (forgery), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document or electronic record), 411 (dishonestly receiving stolen property), and 413 (habitually dealing in stolen property) read with Section 120-B (criminal conspiracy) of the Indian Penal Code (IPC).

Ms. Anjali Patil, the learned advocate representing the applicant, argued that Kandar was falsely implicated in the case and that there was no substantial evidence on record against him. She contended that Kandar was never an employee of the informant and that only 8 grams of gold articles belonging to the applicant were seized from his house during a search. In light of the material collected, Ms. Patil argued that at most, offences under Sections 465 and 471 of the IPC, which are bailable, might be attracted. She further submitted that the investigation was complete, a charge sheet had been filed, and the applicant was a resident of West Bengal (though the document mentions Mumbai, the applicant’s address is in West Bengal). She assured the court that Kandar was ready to abide by any conditions imposed and requested the grant of bail.

The Investigating Officer (I.O.) and the learned SPP (Special Public Prosecutor) opposed the application, arguing that the applicant had allegedly prepared forged Aadhar cards under different names at three different locations and had misappropriated 776 grams of gold. The prosecution claimed that Kandar had handed over the misappropriated gold to accused No. 2, which was subsequently sold to accused No. 4. They expressed concerns about the possibility of the applicant tampering with evidence if released on bail and labeled him as part of an inter-state criminal syndicate, urging the court to reject the bail application.

However, Additional Sessions Judge Shri A.A. Kulkarni, upon perusal of the charge sheet, noted that nothing had been seized at the instance of the applicant during the investigation. The court also highlighted that for an offense under Section 408 of the IPC to be established prima facie, the prosecution needed to demonstrate that the accused was a clerk or servant of the informant, that property was entrusted to him, and that he had converted it for his own use. In the present case, the court found that except for the informant’s statement, there was nothing on record to show that Kandar was an employee of the informant, thus suggesting that a prima facie case under Section 408 of the IPC was not made out.

Regarding the prosecution’s case that accused Nos. 1 to 3, including the applicant, had sold the property to accused No. 4 in furtherance of their common intention, the court opined that this would be a matter for trial, considering the recoveries shown in the case. While acknowledging the allegations and prima facie evidence against the applicant, as well as the completion of the investigation and the filing of the charge sheet, the court found no need for the applicant’s further custody for an indefinite period until the conclusion of the trial. The court reiterated that nothing had been seized from the applicant during the investigation.

To ensure the applicant’s presence during the trial, the court deemed it appropriate to impose certain conditions and grant bail.

Consequently, the court passed the following order:

1. Bail Application Allowed: Criminal Bail Application No. 1961 of 2022 was allowed.
2. Release on Bond and Cash Security: Applicant/accused Sanjay Shashank Kandar was ordered to be released on bail upon furnishing a Personal Recognizance (P.R.) Bond of ₹25,000/- along with one or two sureties of a like amount and a cash security of ₹25,000/- in connection with C.R. No. 53/2022 registered with DCB CID Unit-6.
3. Police Appearance on Notice: The applicant/accused is directed to attend the DCB CID Unit-6 whenever called upon by the Investigating Officer.
4. Address and Contact Information: Kandar is required to furnish his residential address proof and contact numbers to the Investigating Officer.
5. No Tampering with Witnesses: The applicant/accused is strictly prohibited from directly or indirectly making any inducement, threat, or promise to any person acquainted with the facts of the case to dissuade them from disclosing such facts to the Court or to any Police Officer.
6. Travel Restriction: The applicant/accused shall not leave India without the previous permission of the Court.
7. Bail Before Lower Court: The bail formalities are to be completed before the Learned Court below.
8. Application Disposed Of: Criminal Bail Application No. 1961 of 2022 stands disposed of accordingly.

The order was dictated and transcribed on August 30, 2022, signed by Additional Sessions Judge Shri A.A. Kulkarni on the same date, and subsequently uploaded on the court’s record on September 14, 2022.

This grant of bail provides temporary relief to Sanjay Shashank Kandar. However, he remains an accused in the serious charges of gold misappropriation and forgery. The conditions imposed by the court, including the cash security and travel restrictions, aim to ensure his presence during the trial and prevent any interference with the ongoing legal process. The case will now proceed to trial, where the court will examine the evidence and determine the guilt or innocence of the accused.