Order 170826aba705.26 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [ABA] NO. 705 OF 2026. Rahul Rajendra Thakre -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.U. Dable, Advocate for the Applicant. Shri H.R.Dhumale, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J. DATE : AUGUST 17, 2026. Heard. 2. The applicant is apprehending his arrest in connection with Crime No.287/2026, registered with Sakkardara Police Station, Nagpur for the offences punishable under Sections 3,4,25 of the Arms Act read with Section 135 of the Bombay Police Act. 3. The learned Counsel for the applicant submits that only on the basis of disclosure made by the co- accused, he is implicated in the present crime. The Rgd. 2026:BHC-NAG:10605 Order 170826aba705.26 2 applicant is ready and willing to cooperate with the investigation, therefore, no custodial interrogation is required. He submits that though the applicant is having antecedents, however in one of the crime registered in the year 2019 i.e. Crime No.295/2019, he was acquitted. So far as other offences are concerned, those are registered against the applicant long back, and in such circumstances, since there is no material to connect the applicant with the case at hand, except for the statement of the co-accused, therefore, the interim protection granted to him be confirmed. 4. On the other hand, the learned A.P.P. submitted that during the combing operation, house of co-accused was raided, wherein one fire arm and five live cartridges were recovered, at that time the co-accused disclosed the name of applicant and stated that the recovered items belong to him, however, has been kept with the co-accused. In such circumstances, the contention of learned A.P.P. is that custodial interrogation is necessary. He submits that there are 4 crimes registered against the applicant, making him a history sheeter. He Rgd. Order 170826aba705.26 3 therefore, prays for rejection of the application. 5. I have considered the rival submissions of the parties. In the present case the offences invoked against the applicant and other co-accused are Sections 3,4 and 25 of the Arms Act read with Section 135 of the Bombay Police Act, wherein the maximum punishment provided is of 7 years. It also appears that though the offence was registered on 04.07.2026, till date no incriminating material is collected against the applicant during investigation, except for the disclosure statement of the co-accused. In such circumstances, I am of the considered opinion that merely on the basis of statement of the co- accused, custodial interrogation of the applicant would not be necessary. Hence, the interim protection granted to the applicant vide order dated 10.08.2026 is confirmed on the same terms and conditions. Additionally, the applicant to attend the concerned police station as directed by earlier order, till the filing of charge sheet. 6. Criminal Application is accordingly allowed and disposed of. Rgd. Order 170826aba705.26 4 7. Misc. Applications, if any, also stands disposed of. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 17/08/2026 18:42:07