Nanda Nanasaheb Gaikwad v. State Of Maharashtra

907-ABA-2496-2025.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ARJUN VITTHAL KUDHEKAR ANTICIPATORY BAIL APPLICATION NO.2496 OF 2025 Nanda Nanasaheb Gaikwad ...Applicant

Versus

The State of Maharashtra

...Respondent

ARJUN VITTHAL KUDHEKAR Date: 2025.09.11 20:55:12 +0530 _______________________________________________________________ Mr. Kishan Chaudhari a/w Rajabhau Chaudhari i/b Vishal Kolekar, for the Applicant.

Mr. S. A. Karmarkar, APP, for the Respondent-State. Mr. Digambar G. Kokate, P.S.I., Crime Branch Pune, present. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 11 SEPTEMBER 2025 P.C.:

1.

Heard Mr. Kishan Chaudhari, learned Counsel appearing for the Applicant and Mr. Karmarkar, learned APP for the Respondent-State. 2.

The Applicant is seeking pre-arrest bail in connection with CR No.777 of 2023 lodged under Sections 420, 467, 468, 471, 120B and 34 of the Indian Penal Code, 1860 and Sections 82 and 83 of the Registration Act, 1908. The prosecution has also invoked the provisions of the Maharashtra Control of Organised Crime Act, 1999 ("MCOC Act") and applied the same.

3.

This matter was called out in the morning session. In the morning session, Mr. Rajabhau Chaudhari, learned Counsel has appeared and made the request that as a Counsel has been instructed to argue the matter time be granted. However, Mr. Karmarkar, learned APP,

907-ABA-2496-2025.doc submitted that the offence is very serious, provisions of MCOC Act has been invoked and that the Applicant is absconding and therefore an application has been filed on behalf of the prosecution for issuance of proclamation for the Accused - Nanda Nanasaheb Gaikwad under Section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and accordingly, the learned Special Judge (MCOCA), Pune issued a proclamation under Section 84 of the BNSS requiring the Accused to appear before the Court on or before 30th August 2025. Learned APP submits that inspite of said direction the Applicant has failed to remain present before the Court and therefore opposed the request for adjournment. Accordingly, the said request has been rejected and the matter was kept in the afternoon session at 03:00 pm to give one more opportunity to the Applicant. In the afternoon session, Mr. Kishan Chaudhari, learned Counsel appears and makes the same request. 4.

To give one more and last opportunity to the Applicant, stand over to 12th September 2025. To be shown 'first on board'. However, as the proclamation has been issued, the Applicant shall personally remain present in the Court.

[MADHAV J. JAMDAR, J.]