Vishal Shrichand Rathod @ Vishwas Shinde v. The State Of Maharashtra

15.ba.1998.2016.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1998 OF 2016 Vishal Shrichand Rathod @ Vishwas Shinde ...Applicant vs The State of Maharashtra

...Respondent

.....

Ms Anjali Patil for the Applicant Mrs P.P.Shinde, APP for the Respondent Mr S.D.Gaikwad, PSI, V.B.Nagar Police Station, present. .....

CORAM : SMT SADHANA S. JADHAV, J.

19 JANUARY, 2017 P.C. :

This is an application under Section 439 of the Code of Criminal Procedure Code, 1973. The applicant herein is arrested on 17 March, 2016 in Crime No. 68 of 2016 registered at V.B. Nagar Police Station. The investigation is completed and charge-sheet is filed against the applicant for the offences punishable under Sections 170, 419, 363, 385, 389, 384, 388, 467, 468, 471 and 120-B of the Indian Penal Code. Learned counsel for the applicant submits that all the offences are triable by the Metropolitan Magistrate. As on today, the charge is not framed and the applicant is in custody for almost 9 months, and therefore, the learned counsel prays for enlargement on bail.

It is the case of the prosecution that the applicant herein Pg 1 of 2

15.ba.1998.2016.doc was indulging into extortion. He has demanded an amount of Rs.70 Lacs from the first informant for settling Saurabh Chatterji's case. There were negotiations between the applicant and the first informant and the amount was reduced to Rs.30 Lacs. The first informant had informed police about the same and a trap was led. At the time of trap, it was noticed that the applicant herein was using the emblem of Navy. He had posed as Naval Officer. It is also recorded that the applicant had criminal antecedents as similar offences are registered against the applicant at Borivali Police Station and A.P.M.C. Police Station. In the personal search, a stamp was seized from the applicant with an endorsement Kumar Nagappa INS Mumbai.

It appears that he has also forged and fabricated certificates showing his qualification, school leaving certificate, domicile certificate, caste certificate. In the house search of the applicant the police had seized two red domelights, one blue coloured dome-light, air-pistol and naval cap. It is apparent on the basis of the record that the applicant is in habit of cheating and fabricating the documents by using false identify.

Taking into consideration the incriminating material against the applicant collected during the course of investigation, it would not be appropriate to enlarge him on bail. The application being sans stands rejected.

( SMT SADHANA S. JADHAV, J. ) Pg 2 of 2