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Bombay High CourtABA/42/2026allowed

Navnath Shankar Bad v. The State Of Maharashtra And ANR.

2026-04-29Hon'Ble Shri Justice Mehroz Ashraf Khan Pathan3 pages

2026:BHC-NAG:4112 1 57 aba42.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION [ABA] NO. 42 OF 2026 SUNIL S/o VITTHAL MASIRKAR

VERSUS

STATE OF MAH., THRU. P.S.O., PADOLI, DIST. CHANDRAPUR ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Bhushan Dafle, Advocate for the applicant. Mrs. M. R. Kavimandan, A. P. P. for the State. CORAM : M. W. CHANDWANI, J.

DATE : MARCH 09, 2026.

1.

Heard the learned counsel appearing on behalf of the applicant and the learned A.P.P. appearing on behalf of the State. Perused the case diary.

2.

The applicant is apprehending arrest in connection with Crime No. 218/2025 registered with Police Station, Padoli, Dist. Chandrapur for the offences punishable under Sections 308(2), 308(5), 140(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

Perusal of the case diary reveals that on 24.12.2025, the complainant was contacted by his friend Manohar who told him that a customer named Ketan Tagram has some work related to property dealing and called him to meet at Khoke pan shop. When the complainant reached at Khoke pan shop, two persons including his friend Manohar were present there. Manohar introduced the other person as Ketan. Ketan threatened the complainant and demanded that the complainant give either 10% of his share or

2 57 aba42.26.odt Rs.30,00,000/-.

4.

On the next day i.e. 25.12.2025, when the complainant was at Kia Showroom for servicing of his car, Ketan came there. They went to have a cup of tea. Ketan again demanded the amount and also assaulted the complainant. He was forcibly made to sit in a Maruti Brezza car and on gun point, he was taken to his house at Rajura. On reaching there, Ketan asked the complainant and his wife on gun point to bring the entire money available in the house. The complainant took out a bag kept at the first floor containing Rs.18,50,000/- and handed over the same to Ketan. Out of the said amount, Ketan took Rs.8,50,000/- and kept the balance amount of Rs.10,00,000/- in a plastic bag. Ketan asked the wife of the complainant to handover that amount to the person who will come to collect the money after sometime.

Thereafter, Ketan took the complainant with him to Naka no.3. There, Ketan made a phone call to a person named Akash Wadhai and asked him to take the amount of Rs.10,00,000/- from the house of the complainant. Thereafter, Ketan again threatened the complainant to arrange another Rs.11,50,000/-, otherwise he will kill him and his family and left him at Naka no.3. As the complainant was frightened, he lodged the report on the next day i.e. on 26.12.2025.

5.

It is seen from the case diary that co-accused Ketan and Akash as well as one Yogesh were arrested. The case papers reveal that the co-accused named the present

3 57 aba42.26.odt applicant alleging that he conspired in the entire crime. The allegation against the present applicant is of conspiracy of kidnapping and extortion. In cases of conspiracy, hardly any direct evidence is found. The attending circumstances are crucial to show involvement in the offence of conspiracy.

6.

It appears from the case diary that during the relevant time, there was consistent exchange of calls and WhatsApp chats between the applicant and Ketan. Thus, apart from the statement of the co-accused, there is material to connect the applicant with the present crime. Abetment and extortion on gun point is a serious crime, more particularly due to the allegation of use of fire arm. Various angles are required to be examined by the Investigating Officer to crack the crime. Therefore, I am not in agreement with the submission that the applicant has no connection with the crime.

7.

It is seen that crimes of such nature are increasing day by day. Considering the nature of allegations and the material available against the present applicant, no case is made out for grant of extraordinary relief of anticipatory bail in favour of the applicant.

8.

Accordingly, the Criminal Application is rejected. ( M.W.Chandwani, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 11/03/2026 21:03:00