Sameer Suresh Gaikwad v. The State Of Maharashtra
9-aba-1151.21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.1151 OF 2021 Sameer Suresh Gaikwad ... Applicant V/s.
The State of Maharashtra ... Respondent ------------------- Mr. Vikrant V. Phatate, Advocate for the Applicant. Mr. K.V. Saste, APP for the Respondent - State. --------------------- CORAM : SMT. SADHANA S. JADHAV, J.
DATED : 3rd MAY 2021.
P.C. :
Through Video Conferencing.
1.
Heard the learned counsel for the applicant and the learned APP for the Respondent - State.
2.
This is an application under section 438 of Code of Criminal Procedure, 1973 registered on 12th March 2021 at Vijapur Naka Police Station in Crime No.123 of 2021 for the offences punishable under Sections 387, 447, 504, 143, 147, 149 of Indian Penal Code.
3.
It is the case of the prosecution that on 12th March 2021 on Appasha Manshetty lodged a report at the Police Station alleging therein that he had purchased a plot No.113/2/1b/1 from plot no.7 at pmw
9-aba-1151.21.doc Majrewadi. That, on 18th February 2021 he had been to the said plot for cleaning the same. At that time, one Pandit Shete and Amol Ladke met him on the plot and told him to stop the work. The first informant was threatened and he was asked to meet Anil Jadhav, Kisan Jadhav and Sameer Gaikwad i.e. the present applicant, at their office at Railway station and pay them Rs.1 Lakh. On inquiry, the first informant had learnt that the said persons are involved into money lending. Hence, on 12th March 2021 he had lodged a report at the Police Station. The allegation against the present applicant is that he was extorting money alongwith the co-accused. Co-accused Anil Jadhav and Kisan are already protected. Hence, by virtue of doctrine of parity, Sameer Gaikwad also deserves to be enlarged on bail. Hence, the following order :-
ORDER
(i) Application is allowed;
(ii) In the event of arrest in Crime No.123 of 2021, the applicant be enlarged on bail on furnishing P.R.Bond in the sum of Rs.25,000/- and one or more solvent sureties; (iii) Applicant shall not tamper with the evidence; (iv) Application is disposed of on above terms. (SMT. SADHANA S. JADHAV, J) pmw