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2026 DAILYLAW 3389 (BOM)

ARVIND S/O MANOHAR KINGE v. STATE OF MAHARASHTRA THR PSO., PS MALKAPUR CITY, DIST. BULDHANA

APPP/2667/2026 · 2026-08-17

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Judgment text

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Order 170826aba623.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [ABA] NO. 623 OF 2026. Arvind Manohar Kinge -VERSUS- State of Maharashtra Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri S.V. Sirpurkar, Advocate for the Applicant. Shri H.D. Marathe, A.P.P. for the Non-applicant/State. Shri V.S. Giramkar, Advocate Assisting Prosecution. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 17, 2026. Heard. 2. The applicant is apprehending his arrest in connection with Crime No.471/2026, registered with Malkapur City Police Station, District Buldhana for the offences punishable under Sections 318[4], 351[2] of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The learned Counsel for the applicant submits that allegations against the applicant is that under the pretext of providing job, he has collected amount of Rs.11,98,040/- from three victims, including the informant. He submitted that the Rgd. 2026:BHC-NAG:10608 Order 170826aba623.26 2 applicant has filed an application with the police station stating that he has taken the amount from the informant and other two persons on interest, and this is nothing but, a money lending transaction. The applicant is ready to return the amount by deducting an amount of Rs.94,500/- which is stated to be already given by him i.e. he is ready to return balance amount of Rs.11,03,540/- to three persons from whom he has taken the same. The learned Counsel therefore, prays that the interim protection granted to the applicant vide order dated 16.07.2026 be confirmed. 4. On the other hand the learned A.P.P. and the learned Counsel assisting prosecution vehemently opposed the application by submitting that more than sufficient evidence has been collected by the investigating agency, and considering the seriousness of the allegations, the applicant does not deserves to be protected further therefore, his application be rejected. The learned Counsel assisting prosecution submitted that if the applicant is ready to return the amount, appropriate orders be passed. 5. I have considered the rival submissions. The applicant is personally present before the Court, and the learned Counsel on his instructions states that he is ready to return the amount of Rs.11,03,540/- within a period of four months to three persons. Rgd. Order 170826aba623.26 3 Accepting the statement as an undertaking given to the Court, I am inclined to allow the present application. Criminal Application is allowed and disposed of. The interim protection granted to the applicant vide order dated 16.07.2026, is hereby confirmed on the same terms and conditions, and the same shall be subject to the applicant returning the amount of Rs.11,03,540/- to three persons within a period of four months. The entire amount shall be paid through bank transactions. 6. Misc. Applications, if any, also stands disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 17/08/2026 18:43:10