Dr. Nikhil Somnath Saindane vs The State Of Maharashtra

2025:BHC-AS:48371 914-ABA-3111-2025.DOC

Akash Tayde

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3111 OF 2025

Dr. Nikhil Somnath Saindane ...Applicant Versus The State of Maharashtra ...Respondent

Mr. Himanshu Gavit, for the Applicant. Mr. G.P. Mulekar, APP, for the Respondent-State. PI S.S. Avhad, attached to Sarkarwada Police Station, Nashik City, present.

CORAM: MADHAV J. JAMDAR, J.

DATED : 12th NOVEMBER 2025 PC:-

1. Heard Mr. Himanshu Gavit, learned Counsel appearing for

the Applicant and Ms. Mulekar, learned APP appearing for the

Respondent-State.

2. The Applicant who is a Government Servant by the present

application filed under Section 482 of the Bharatiya Nagarik

Suraksha Sanhita, 2023 ("BNSS") is seeking pre-arrest bail in

connection with C.R. No.310 of 2025 registered on 16 th October

2025 with Sarkarwada Police Station, Nashik City, Nashik for the

offences punishable under Sections 316(2), 316(5), 318(4),

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336(2), 336(3), 338, 340(2) and Section 61(2) of the Bharatiya

Nyaya Sanhita, 2023 ("BNS").

3. It is the prosecution case that, during the COVID Pandemic,

the Government of Maharashtra had given direction to Civil

Hospital Nashik, under the scheme of ECRP-II, to construct

Modular ICU i.e. Intensive Care Unit comprising of 30 beds for

Nashik and 10 beds for General Hospital at Malegaon. At the

relevant time the Applicant was the Chief Administrative Officer of

Civil Hospital, Nashik. As per the prosecution case, the bids were

called to construct Modular ICU comprising of 30 beds for Nashik

and 10 beds for General Hospital at Malegaon and a bid has been

submitted by a Company namely Crenovative Power Tech Pvt. Ltd..

It is the prosecution case that wife and father of Co-Accused Sagar

Dilip Chothave who is the Dental Technician working in the Civil

Hospital, Nashik are shown to be the Directors of the said

Company. The Applicant at the relevant time was the Chief

Administrative Officer of the Civil Hospital, Nashik and also was

the Member - Secretary of Tender Scrutiny Committee. The work

order for 30 beds at Nashik and 10 beds at Malegaon was issued to

the said Crenovative Power Tech Pvt. Ltd. on 04 th October 2022

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and hurriedly, huge amount of Rs.3,37,00,000/- was paid to the

said Company. As per the prosecution case, by using fraudulent

documents the said Company submitted the bid and the Applicant

with complete knowledge that the said bid is fraudulent bid and

the documents submitted for procurring the work are bogus

documents has deliberately allowed the tender to proceed further.

4. The allegations against the Applicant are very serious. The

Applicant in his capacity as the Chief Administrative Officer of the

Civil Hospital, Nashik and also in his capacity as the Member

Secretary of Tender Scrutiny Committee has, prima facie not only

failed in his duty to verify the documents properly, and in fact, has

deliberately took such actions so that said Crenovative Power Tech

Pvt. Ltd., which is a Company of which wife and father of Co-

Accused Sagar Dilip Chothave, who is the Dental Technician

working in the Civil Hospital, are shown to be the Directors of the

said Company gets the tender. The perusal of the record further

shows that huge amount of Rs.3,37,00,000/- has been immediately

transferred to the said Company without verifying the progress of

the investigation. Thus, custodial interrogation is absolutely

essential.

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5. It is the submission of Mr. Gavit, learned Counsel appearing

for the Applicant that the Applicant is presently working at General

Hospital, Malegaon and he is regularly attending the duties and

therefore, available for the investigation. However, Ms. Mulekar,

learned APP submits that the said statement is a false statement.

She relies on notices dated 11th March 2025, 28th May 2025, 29th

May 2025, 04th June 2025, 02nd July 2025, 14th July 2025, 20th

August 2025, 21st August 2025 and 29th August 2025 issued by the

Superintendent of General Hospital at Malegaon to the Applicant,

specifically stating that the Applicant is not attending his duties at

General Hospital, Malegaon and asking him to join the duties. Ms.

Mulekar, learned APP submits that since March 2025 the Applicant

is not attending the duties and absconding.

6. The several letters addressed to the Applicant by the

Superintendent of General Hospital, Malegaon not only shows that

the statement made by Mr. Gavit, learned Counsel appearing for

the Applicant, on instructions that the Applicant is attending his

duties at General Hospital, Malegaon, District Nashik is totally

false statement, however the same also shows that, several letters

are being sent to the Applicant asking him to join the duties,

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without any adverse action being taken against him clearly shows

that the Applicant is a very influential person.

7. One more aspect which is required to be taken into

consideration is that the Applicant was working in the Civil

Hospital at Nashik as the Chief Administrative Officer by

representing that he is a degree holder of Orthopedic. The said

Orthopedic degree Certificate is found to be a bogus and fabricated

Certificate and therefore, the Medial Council has filed complaint

against him and crime is registered as C.R. No.676 of 2022 under

Sections 420, 467, 468, 471 read with Section 34 of Indian Penal

Code, 1860 at Agripada Police Station, Mumbai and another C.R.

No.151 of 2022 under Sections 420, 467, 468, 471 read with

Section 34 of Indian Penal Code, 1860 at Nashik Taluka Police

Station. The chargesheet is also filed in the Court at Mazgaon,

Mumbai against the Applicant i.e. Dr. Nikhil Saindane. The factual

position on record shows that inspite of this, Government of

Maharashtra has not taken any action of suspension or dismissal of

the Applicant from the service. The same clearly shows that the

Applicant is a very influential person.

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8. It is also required to be noted that Mr. Gavit, learned

Counsel appearing for the Applicant submits that there are various

reports submitted to the State of Maharashtra by various

Authorities stating that the Applicant has not committed any

offence. In fact, the Investigating Officer is investigating the crime,

the Applicant is absconding, the Applicant is not cooperating with

the investigation and various Authorities are submitting reports to

the Government of Maharashtra stating that the Applicant has not

committed any crime. Thus, prima facie, as the Applicant is a very

influential person, various Authorities are creating documents in

favour of the Applicant.

9. The material on record shows that the Applicant is not

available for interrogation and investigation. The Supreme Court

in the case of Lavesh v. State (NCT of Delhi)1 has held that such a

person is not entitled for getting relief of extraordinary remedy of

Anticipatory Bail.

10. Apart from that the Supreme Court in the case of Nikita

Jagannath Shetty @ Nikita Vishwajeet Jadhav v. State of

1 (2012) 8 SCC 730

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Maharashtra2 has held that Anticipatory Bail is an exceptional

remedy and ought not to be granted in a routine manner. There

must exist strong reasons for extending indulgence of this

extraordinary remedy to a person accused of grave offences. The

Supreme Court has further observed that the grant of interim

protection or protection to the accused in serious cases will lead to

miscarriage of justice and may hamper the investigation to a great

extent as it may sometimes lead to tampering or distraction of the

evidence. The said observations of the Supreme Court are squarely

applicable to the present case.

11. The Supreme Court in the case of State Rep. By the C.B.I. v.

Anil Sharma3 has held as follows :

"6. We find force in the submission of the CBI that custodial interrogation is qualitatively more elicitation- oriented than questioning a suspect who is well ensconced with a favourable order under Section 438 of the Code. In a case like this effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also materials which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre-arrest

2 2025 SCC OnLine SC 1489

3 (1997) 7 SCC 187

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bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third-degree methods need not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders."

The factual aspect on record clearly shows that for effective

interrogation the custodial interrogation is necessary.

12. The Applicant is a very influential person. The factual

position on record shows that, although, he is not attending his

duties at General Hospital, Malegaon, District Nashik for last about

8 months, no effective action has been taken against him.

Although, chargesheet has been filed against him concerning a

serious offence that he has produced fraudulent Orthopedic

Certificate still no action has been taken against the Applicant of

suspension or dismissal from the service. The Applicant is a very

influential person. The statement made by Mr. Gavit, learned

Counsel appearing for the Applicant, on instructions of the

Applicant that he is attending his duties at General Hospital

Malegaon, District Nashik is a totally false statement.

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13. Accordingly, no case is made out for grant of Anticipatory

Bail. The Anticipatory Bail Application is rejected.

[MADHAV J. JAMDAR, J.]

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