Digitally signed by GAURI GAURI AMIT GAEKWAD AMIT Date:

GAEKWAD

2025.04.17 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

13:41:14 +0530 CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.139 OF 2025 Mr. Kaushik Rameshchandra Thakkar ) @ Anam, Age - 42 Years, Occ - Business, ) R/at Sarthak Apartment, ) Plot No.18, Sector 12, Vashi, )

Navi Mumbai ) ….Petitioner/

At present In Thane Central Prison (in jail) ) Accused Versus State of Maharashtra ) Through PI )

Kasarwadavali Police Station & EOW Thane ) …. Respondent WITH INTERIM APPLICATION (ST.) NO.2949 OF 2025 IN WRIT PETITION NO.139 OF 2025 Sumeet Ganpatrao Bachewar ) Age - 54 years, Occupation - Business ) Residing at Plot No.155, )

Santushti Bungalow, Sector - 28, ) .… Applicant/ Vashi, Navi Mumbai ) Intervener IN THE MATTER BETWEEN Kaushik Rameshchandra Thakkar @Anam ) Age - 46 years, Occup - Business ) Residing at Sarthak Apartment, ) Plot No.18, Sector 12, Vashi, ) Navi Mumbai, )

at present at Thane Central Prison ) …. Petitioner Versus The State of Maharashtra )

Kasarvadawali Police Station & EOW, Thane ) …. Respondent WITH INTERIM APPLICATION (ST.) NO.5872 OF 2025 IN WRIT PETITION NO.139 OF 2025 Sundeep Prakash Bafna, )

Aged about 50 years, ) Occupation Business, ) Residing at 201, Pleasant Palace, ) Narayan Dabholkar Marg, )

Malabar Hill, Mumbai - 400 006 ) …. Intervener IN THE MATTER OF Kaushik Rameshchandra Thakkar @Anam ) Aged about 45 years, Occupation Business ) Residing at Sarthak Apartment, ) Plot No. 18, Sector 12, Vashi, )

Navi Mumbai ) …. Petitioner Versus The State of Maharashtra ) (at the instance of Senior Inspector of ) Police, Economic Offences Wing, Thane ) vide Kasarwadavali Police Station vide C.R. )

No.I-1217 of 2024) ) …. Respondent ----

Mr. Niranjan Mundargi a/w. Mr. Rishi Bhuta, Mr. Pranav Pokale, Mr. Aditya Bagar, Advocate Keral Mehta, Mr. Ashish Dubey, Ms. Ankita Bamboli, Ms. Vaishnavi Javheri, Ms. Saakshi Jha, Mr. Prateek Dutta and Mr. Chinmay Sawant i/b. Mr. Pranav Pokale for the Petitioner.

Ms. Sharmila Kaushik, APP for the Respondent - State.

Mr. Sanjeev P. Kadam, Senior Advocate a/w. Mr. Prashant Raul, Ms. Varsha Milind Thorat and Mr. Mohan Kumbhar i/b. Mr. Dilip Shinde for the Applicant/ Intervener in IA (ST.) No.2949 of 2025.

Mr. Nitin Sejpal a/w. Ms. Pooja Sejpal, Ms. Akshata Desai, Mr. Sahir Patel, Mr. Siddharth Gharat and Mr. Sameer G. for the Applicant/ Intervener in IA (ST.) No.5872 of 2025.

Mr. Ashok Shendage, API, EOW Thane City is present.

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CORAM : RAVINDRA V. GHUGE &

ASHWIN D. BHOBE, JJ.

DATE : 16th APRIL, 2025 ORAL JUDGMENT (PER RAVINDRA V. GHUGE, J.) :

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. This matter was heard at length on 04.04.2025, 07.04.2025, 09.04.2025, and today.

3. The Petitioner has put forth his prayers below paragraph F (i), (ii) and (iii), which read as under : (i) After examining the facts, circumstance and remand order passed by the Ld. Magistrate Thane be pleased to issue writ of habeas corpus or any other appropriate writ or direction under Article 226 of the Constitution of India and section 482 of Criminal Procedure Code 1973 (528 of BNSS), thereby declaring the arrest of the Petitioner in Crime No.1217/2024, registered with Kasarwadavli Police Station, under section 420, 465, 467, 468, 120(B), 34 of Indian Penal Code to be illegal;

(ii) This Hon'ble Court be pleased to declare the arrest illegal and thereby quash and set aside the remand orders dated 17^th August 2024, 19^th August 2024 and 22^nd August 2024 passed by the Ld. Magistrate Thane; and (iii) This Hon'ble Court may be pleased to issue appropriate direction to release the present Petitioner on interim bail in Crime No.1217/2024 registered with Kasarwadavli police station forthwith.

PLEADINGS, AVERMENTS AND SUBMISSIONS OF THE PETITIONER

4. The Petitioner has set out his case story in the pleadings, which can be summarised, as under :

(a) It is alleged that the original Complainant has a business and is dealing with immovable asset