Saalim Noor Mohmmad Sayyad v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.977 OF 2022 Saalim Noor Mohmmad Sayyad ..

Applicant.

v/s.

The State of Maharashtra ..

Respondent.

Mr. A. H. Kotwala i/b. Ms. Sumaira Legal Associates, for the Applicant.

Ms. M. R. Tidke, APP for the Respondent-State. Mr. Prashant Pasalkar, PSI Bhosari Police Station, Pune present.

CORAM: VINAY JOSHI, J.

DATED : 18th APRIL, 2022.

P. C.

:

In apprehension of arrest in crime No.31 of 2022 registered with Bhosari Police Station, Pune, for the offences punishable under Sections 384, 506 read with 34 of Indian Penal Code, the applicant is seeking for prearrest bail. It is the prosecution's case that the applicant has telephonically intimated the informant for paying to settle a complaint by poseing Human Rights Activists. The informant has stated that the applicant along with coaccused called him in hotel and raised a demand of Rs.12,000/- to settle a complaint filed by a lady. In pursuance of said demand, the informant has allegedly paid amount of Rs.11,500/- to the applicant and therefore, the report for extortion.

The State resisted by contending that the

applicant is a prime accused. He took leading part in the entire episode and therefore, his custody is necessary for interrogation.

Perusal of FIR indicates that the demand was of Rs.12,000/- and alleged extorted amount was of Rs.11,500/- . It is brought to the notice that though, alleged incident occurred on 25th October, 2021, however, the report is lodged after three months i.e. on 19th January, 2022. Prima facie, no plausible explanation is given for such a long delay. The alleged offence attracts maximum punishment of three years imprisonment.

Having regarded these facts, the purpose would be served, if the applicant is directed to attend the Police Station. In view of that, a case is made for grant of prearrest bail. Hence, order:-

O R D E R

(i) Application stands allowed.

(ii) In the event of arrest of the Applicant/ Accused namely - Saalim Noor Mohammad Sayyad in crime No.31 of 2022 registered at Bhosari Police Station, District Pune, for the offences punishable under Sections 384, 506 read with 34 of Indian Penal Code, he be released on bail on his furnishing P. R. bond of Rs.25,000/- with one or two sureties in the like amount.

(iii) The applicant shall attend the concerned Police Station on every Sunday in between 11.00 a.m. to 12.00 noon till filing of charge-sheet.

(iv) The applicant shall not temper with the evidence of the prosecution in any manner.

(VINAY JOSHI, J.)