2026:BHC-AS:6097-DB rajshree IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.5933 OF 2025 ALONGWITH INTERIM APPLICATION (ST) NO.25111 OF 2025 IN WRIT PETITION NO.5933 OF 2025 Gaurav Shahajirao Kakade ....Petitioner V/S State of Maharashtra & Anr. ....Respondents Mr.Aabad Ponda, Senior Advocate a/w Ranjeet Pawar, Bhargav Pataskar and Amar Gadhave for the Petitioner.

Mr.Tanveer Khan, APP for the State.

Mr.Manoj Mohite, Senior Advocate a/w Shailesh Chawan, Hrishikesh Awhad and Amar Kale for the Intervenor.

CORAM : BHARATI DANGRE &

SHYAM C. CHANDAK, JJ RESERVED ON : 10^th DECEMBER, 2025 PRONOUNCED ON : 4^th FEBRUARY, 2026 JUDGMENT (PER BHARATI DANGRE, J) :

1 On being arraigned as an accused in CR No.283/2024 registered by Wadgaon Nimbalkar Police Station invoking Section 302, 307, 143, 147, 352, 504, 50 and 201 of the Indian Penal Code read with Section 3, 25 and 29 of the Arms Act, 1959, the R K M I A O S J H R SH E O R R EEDbK D2200 yI i a g S 2: t R 2 i e H 6 t 6 A : a . O 0: Jl 2 S 2 R y 4 H . 0 M s + R 5 ig O 0 En 5 REe 3 E d 0 Petitioner came to be arrested on 28/06/2024 and since then he is in judicial custody and lodged in Yerwada central jail.

The Petitioner seek issuance of writ of Habeas Corups or any other appropriate writ or direction under Article 226 of the Constitution of India alongwith Section 482 of the Criminal Procedure Code, 1973 (Section 528 of the BNSS), thereby declaring arrest of the Petitioner as illegal and violation of his right guaranteed under Article 22(1) of the Constitution of India and Section 50 of the Code of Criminal Procedure, 1973.

The Petitioner, therefore, seek his release from custody, upon a declaration that the arrest was not in accordance with law. 2 We have heard the learned senior counsel Mr.Aabad Ponda for the Petitioner. The senior counsel Mr.Manoj Mohite has marked appearance for the intervenor, who is complainant, at whose insistence the subject CR was registered at Wadgaon Nimbalkar Police Station, in which the Petitioner was arraigned as an accused. She is also wife of the deceased Ranjit Eknath Nimbalkar, who seek intervention with an intention to bring on record the true and correct facts and to point out to the Court, the involvement of the accused and as to why he is not entitled to the reliefs sought in the Petition.

3 We have also heard Mr. Tanveer Khan, the learned APP for the State, who would placed reliance on the Affidavit filed by Assistant Police Inspector on 01/12/2025 and who has strongly opposed the reliefs in the Petition.

4 On hearing the respective counsel, we deem it appropriate to issue Rule, which is made returnable forthwith.

5 Before we appreciate the contentions revolving around the arrest of the Petitioner, we must briefly refer to the case of the prosecution which is now pending before the Sessions Court, Baramati, in form of Sessions Case No.190/2024, arising out of the FIR lodged by the complainant on 28.06.2024.

The complainant alleged that the deceased Ranjeet Nimbalkar, her husband was fond of bullock cart racing and was a proud owner of two bullocks viz. Sarja and Sundar who were kept in the custody of Vitthal Chavan for catering to them, he being located in Taluka Khatav, District Satara. Sarja was purchased one year ago from Gautam Kakade of Nimbut (Accused No.1), for a sum of Rs.61,00,000/-. Both the bullocks had participated in the racing and had won the races.

As per the case of the prosecution, on 24/06/2024, Gautam Kakade visited Ranjeet with an intention to purchase his Bull (Sundar) and conveyed to him that he alongwith Santosh Todkar wanted to strike a deal. The transaction was settled for Rs.37,00,000/- and an amount of Rs.5,00,000/- was handed over as earnest money and the balance was agreed to be paid on 27/06/2024. It was also agreed that the transaction would be reduced into writing on a stamp paper.

The bull was carried with him by Accused No.1 and the complainant was a witness to the said act.

6 On 27/0