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Bombay High CourtBA/743/2025rejected

Imran Khan S/O Baba Khan v. State Of Maharashtra Thr Ps Hingna Dist Nagpur

2025-07-29Hon'Ble Justice Urmila Joshi Phalke3 pages

2025:BHC-NAG:7358 1 923.BA.743-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO. 743 OF 2025 ( Imran Khan S/o Baba Khan Vs.

State of Maharashtra, Thr. PSO Hingna, District Nagpur. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Inamul Haque, Advocate for the Applicant. Mr. A.M. Ghogare, APP for the Non-applicant/State. CORAM: URMILA JOSHI-PHALKE, J.

DATED : 29th JULY, 2025 1.

The present Application is preferred by the Applicant for grant of bail in connection with Crime No.29/2024 registered with Police Station Hingna, District Nagpur for the offences punishable under Sections 395, 397, 342, 294, 506(2), 427, 120(B), 201 of IPC and Sections 3,25 & 4, 25 of the Arms Act r/w Section 135 of the Maharashtra Police Act.

2.

The crime is registered on the basis of a report lodged by Kalpesh Parmar on an allegation that on 30.01.2024 when he alongwith one Jayesh Patel proceeded to Nashik by Nexon four wheeler bearing No. MP-09-ZK-0541 with two cloth bags containing currency. The complainant alongwith Jayesh Patel on Samruddhi Highway while crossing Jablpur-Amravati bypass bridge at about 10.15 hours, one Innova car having no number plate gave dashed to their car.

2 923.BA.743-2025.odt Meanwhile, one white color Swift car without having number plate stopped in front of their car and thereafter the amount was snatched from them which was to the extent of Rs.4,38,00,000/- by threatening them. On the basis of the said report, Police have registered the crime against the unknown persons. During investigation the involvement of the present Applicant revealed and thereafter he was arrested. 3.

Heard learned Counsel for the Applicant, who submitted that as far as the involvement of the present Applicant is concerned, which nowhere reveals during the investigation he was arrested merely on suspicion and i.e. also on 23.02.2024, whereas the alleged incident is taken place on 30.01.2024. He submitted that now investigation is already completed and charge-sheet is already filed, further incarceration of the present Applicant is not required. Prior to this incident similar FIR was lodged, thus it is tendency of the Informant to lodge such type of FIR. He submitted that as far as the involvement of the present Applicant is concerned, there is absolutely no material, and therefore, he be released on bail.

4.

Learned APP, strongly opposed the said Application and invited my attention towards the memorandum statement of the present Applicant and submitted that the amount of Rs.24,84,000/- was recovered at the instance of the present Applicant out of the looted amount. Thus, maximum amount is recovered at the instance of the present Applicant. There are statements of the witnesses which shows the connection of the present

3 923.BA.743-2025.odt Applicant with the vehicle which was used in the commission of the alleged offence. He also invited my attention towards the identification parade and submitted that during the identification parade also the Applicant was identified by one of the witness. Thus, considering the role attributed to the present Applicant, the Application deserves to be rejected. 5.

On hearing both the sides and on perusal of the investigation papers, the memorandum statement of the present Applicant, the statements of the witnesses and his identification during the identification parade by the witnesses discloses his involvement in the alleged offence. Maximum amount is recovered at the instance of the present Applicant i.e. Rs.24,84,000/-. Thus, the involvement of the present Applicant reveals. In view of that, the Application deserves to be rejected. Accordingly, I proceed to pass the following order.

O R D E R

i.

The Application is rejected.

6.

Pending application/s, if any, shall stand disposed of accordingly.

(URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 30/07/2025 20:26:32