SURAJ HINDURAO KADAMversusTHE STATE OF MAHARASHTRA AND ANR

                                                          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

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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

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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.




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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

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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 :-


                                   ORDER


       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.



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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. )




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