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2026 DAILYLAW 1373 (BOM)

SURAJ HINDURAO KADAM v. THE STATE OF MAHARASHTRA AND ANR

ABA/290/2026 · 2026-06-25

Shri Mehroz Ashraf Khan Pathan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20 ABA NO. 290 OF 2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 290 OF 2026 Suraj Hindurao Kadam VERSUS The State Of Maharashtra And Another … • Mr. Rananaware Dhananjayrao D., Advocate for the Applicant • Mrs. A. A. Takalkar, APP for Respondents - State … CORAM : MEHROZ K. PATHAN, J. DATED : 25.06.2026 PER COURT : 1. Heard learned counsel for the applicant, the learned APP for the respondent-State as also learned assisting counsel. 2. The applicant has approached this Court apprehending arrest in connection with C.R. No.211 of 2026 dated 22.04.2026 registered with Phaltan Rural Police Station, District Satara, for the offences punishable under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 39 of the Maharashtra Money-Lending (Regulation) Act, 2014. 3. The prosecution case, in brief, is that on 17.04.2026, the husband of the first informant, Ravindra Khopade, allegedly consumed a poisonous substance and was admitted to Lifeline Hospital, where he succumbed to the same on 18.04.2026. During Jhs/ 1/6 20 ABA NO. 290 OF 2026 the inquiry, two handwritten chits allegedly written by the deceased were found in the house. In the said chits, the deceased alleged that he had borrowed an amount of Rs.5,00,000/- from accused Suraj Kadam on interest and was subjected to continuous threats and harassment on account of non-payment. He further alleged that certain persons had purchased his vehicles but failed to pay the agreed sale consideration and discharge the outstanding loan liabilities, resulting in severe financial loss. The deceased also alleged that officials of the finance company had harassed and humiliated him by making repeated calls to his relatives and neighbours regarding repayment of loan dues. According to the prosecution, the continuous financial distress, coupled with the alleged acts of intimidation, harassment and non-payment by the accused persons, drove the deceased to commit suicide, leading to registration of the present crime. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated. According to him, the applicant had cordial relations with the deceased and had, in fact, extended financial assistance to him during his financial difficulties. It is submitted that the present prosecution has been initiated only with a view to extract money from the applicant. Learned counsel further submits that even if the allegations contained in the suicide notes are Jhs/ 2/6 20 ABA NO. 290 OF 2026 accepted at their face value, the essential ingredients of the offence punishable under Section 108 of the Bharatiya Nyaya Sanhita are not made out against the applicant. It is further submitted that the applicant is running a mess at Phaltan, is a permanent resident thereof, has deep roots in society, has no criminal antecedents and is ready to cooperate with the investigation as well as abide by any condition that may be imposed by this Court. 5. Per contra, the learned APP strongly opposes the application. It is submitted that the applicant is specifically named in the suicide notes as well as in the FIR. According to the prosecution, the applicant had advanced a hand loan of Rs.5,00,000/- to the deceased and thereafter continuously threatened and harassed him for repayment. It is further submitted that the applicant is also alleged to have retained possession of container vehicles bearing Nos. NL-01- AG-7658 and NL-01-AG-7659 and has neither returned the notarized agreement allegedly executed between him and the deceased nor produced the said vehicles before the Investigating Officer despite directions issued by this Court while granting interim protection. It is, therefore, submitted that the applicant has not fully cooperated with the investigation and does not deserve the discretionary relief of anticipatory bail. Jhs/ 3/6 20 ABA NO. 290 OF 2026 6. I have considered the rival submissions and perused the FIR as well as the investigation papers made available by the learned APP. A perusal of the FIR and the suicide notes indicates that allegations have been levelled not only against the present applicant but also against Digambar Bhivarkar, Krishna Gupta, Pritesh Chopda and certain officials of the finance company. So far as the present applicant is concerned, the principal allegations are that he had advanced a hand loan to the deceased on interest and thereafter subjected him to repeated threats and harassment for repayment. There are also allegations regarding the container vehicle bearing No. NL-01-AG-7658 and the notarized agreement. However, the applicant has placed on record documents prima facie indicating that the said vehicle is registered in the name of Western Carrier India Limited, Kolkata. The applicant is a permanent resident of Phaltan and was granted interim protection by this Court by order dated 21.05.2026. The Investigating Officer, who is present before the Court, fairly states that the applicant has complied with the direction to attend the concerned police station. The principal grievance of the prosecution is that the applicant has not produced the vehicle and the notarized agreement. At this stage, however, the applicant cannot be compelled to produce material which may have an incriminating tendency against him. In the facts and circumstances of the case, the Jhs/ 4/6 20 ABA NO. 290 OF 2026 apprehensions expressed by the prosecution can be adequately addressed by imposing stringent conditions. I am, therefore, inclined to exercise the discretion under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Hence, the following order :- O R D E R i. The Anticipatory Bail Application is allowed. ii. The interim order dated 21.05.2026, is hereby confirmed, subject to the following further conditions: A) The applicant shall report to the Investigating Officer at Phaltan Rural Police Station on every Saturday between 11.00 a.m. and 2.00 p.m. till the filing of the charge-sheet. B) The applicant shall also cooperate with the investigation. C) The applicant shall not directly or indirectly induce, threaten or promise any prosecution witness and shall not tamper with the prosecution evidence in any manner. D) The applicant shall furnish copies of his Aadhaar Card and PAN Card to the Investigating Officer along with the addresses and mobile numbers of two nearest relatives. Jhs/ 5/6 20 ABA NO. 290 OF 2026 7. Needless to state that a single violation of any of the aforesaid conditions shall entitle the prosecution to seek cancellation of the anticipatory bail granted herein. 8. The observations made herein are prima facie and shall not influence the Trial Court while deciding the case on its own merits. 9. In view of the above, the Anticipatory Bail Application stands disposed of. ( MEHROZ K. PATHAN, J. ) Jhs/ 6/6