Valmik Murlidhar Goler v. The State Of Maharashtra

SANTOSH SUBHASH KULKARNI Santosh SANTOSH SUBHASH KULKARNI Date: 2024.10.05 12:32:15 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2555 OF 2024 Valmik Murlidhar Goler ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Keshav Chavan, for the Applicant.

Mr. A. A. Naik, APP for the State.

Mr. Vinod Patil, Matunga Police Station, present.

CORAM:

N. J. JAMADAR, J.

DATED :

3rd OCTOBER, 2024 PC:- 1.

Heard the learned Counsel for the parties.

2.

This is an application for pre-arrest bail in C. R. No.421 of 20223 registered with Matunga Police Station, Mumbai, for the offfences punishable under Sections 120B, 406, 420, 468, 471 and 506(2) of the Indian Penal Code, 1860 ("the Penal Code"). 3.

At the outset, the learned Counsel for the applicant submitted that this Court has released the principal accused Ali Raza Abdul Karim Shaikh on bail by an order dated 5th August, 2024. Co-accused Raju Devidas Manglani and Aarif Ajmuddin Patel have also been released on bail by this Court. There are no allegations against the applicant of having induced the first informant to part with the amount. The transactions were primarily between the applicant and Ali Shaikh, who has been 1/3

enlarged on bail. It was further submitted that except the allegations that Ali Shaikh had introduced the applicant to the first informant and the latter had demanded a sum of Rs.37,00,000/- to get the first informant discharged of the prosecutions, there is no other allegation.

4.

The learned APP resisted the prayer for pre-arrest bail. It was submitted that the applicant was a part of the racket. The applicant has induced the first informant to part with the amount.

5.

I have perused the allegations in the FIR. It appears that the applicant had allegedly introduced the first informant to another person, who was then identified as Mr. Chavan. The latter demanded a sum of Rs.47,00,000/- and first informant was allegedly induced to part with the said amount. The FIR, thereafter, does not make any reference to the applicant. 6.

Prima facie, from the perusal of the allegations in the FIR, it becomes evident that there were multiple transactions between the first informant and the Ali Shaikh. 7.

It appears that first informant had realised that there was something amiss with the initial transactions entered into with Ali Shaikh and, yet, there were further transactions between 2/3

the Ali Shaikh and the first informant. The cheques drawn by the Ali Shaikh were also allegedly dishonoured. 8.

In this view of the matter, as the principal accused have already been enlarged on bail, it may be expedient to protect the liberty of the applicant while directing him to join in the investigation.

9.

Hence, the following order:

: O R D E R :

(i) In the event of arrest of the applicant C. R. No.421 of 20223 registered with Matunga Police Station, Mumbai, the applicant be released on bail on furnishing a PR Bond in the sum of Rs.50,000/- with one or two sureties in the like amount.

(ii) The applicant shall cooperate with the investigation and attend Matunga Police Station on 8th, 9th and 10th October, 2024 between 10.00 am. to 1.00 pm. and thereafter as and when directed.

(iii) The applicant shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant or any of the persons acquainted with the facts of the case.

(iv) Stand over to 21st October, 2024.

[N. J. JAMADAR, J.] 3/3