Jivan Saboowalla v. Ameet Paresh Savant

10-CRWP-116-2026.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 116 OF 2026 Abdul Aziz Abdul Kadar Shaikh

...Petitioner

Versus

State of Maharashtra & Ors

...Respondents

.....

Mr. Abhishek Kulkarni, with Mr. Sagar Wakale, Advocates for the Petitioner.

Mr. K. V. Saste, Additional Public Prosecutor, for the Respondent Nos. 1 to 5-State.

.....

SHEPHALI SANJAY MORMARE

CORAM:

SHREE CHANDRASHEKHAR, CJ & SUMAN SHYAM, J.

SHEPHALI SANJAY MORMARE Date: 2026.02.05 11:14:18 +0530 DATE:

19th JANUARY 2026 PC:- The petitioner challenges his arrest dated 4th January 2026 in C.R. No. 24 of 2026. The learned counsel for the petitioner submits that the offences against the petitioner are all bailable offences and the police has no jurisdiction to make arrest of the petitioner. The learned counsel for the petitioner further states that the learned Additional Chief Judicial Magistrate had no powers or jurisdiction to remand the petitioner to police custody.

2.

The First Information Report vide Exhibit-C at page no. 21 which was registered on 4th January 2026 discloses

10-CRWP-116-2026.DOC commission of the offence under sections 308(6), 308(7), 351 and 3 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The learned Additional Chief Judicial Magistrate has recorded in the order dated 5th January 2026 that the offences are serious and non-bailable. Under sections 308(6) and 308(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the punishment provided is imprisonment of either description for a term which may extended to 10 to 12 years and the convict shall also be liable for fine. The offence of extortion by intentionally putting a person in fear of any injury or an injury pertaining to an offence punishable with death or imprisonment for life shall definitely be a cognizable, non-bailable and noncompoundable offence.

The learned Additional Chief Judicial Magistrate has recorded in the order dated 5th January 2026 that the requirements under sections 47(1), 48(2) and 48(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 were complied. Having recorded so, the learned Additional Chief Judicial Magistrate remanded the petitioner to police custody till 8th January 2026. 3.

Finding no merit in Writ Petition No. 116 of 2026, the same is dismissed.

(SUMAN SHYAM, J) (CHIEF JUSTICE) {