Harun Yamanji Lohar v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 693 OF 2025 Harun Yamanji Lohar ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Mr. Niranjan Mundargi a/w Mr. Shailesh Chavan a/w Mr. Govind Mundhe a/w Ms. Keral Mehta a/w Mr. Sachin Pawar i/by Mr. Nagesh Khedkar, Advocate for the Applicant. Ms. Anamika Malhotra, A.P.P. for the Respondent - State. Mr. Vikas Pathade (API) Taloja Police Station, Navi Mumbai, present.
....
CORAM
:
N. R. BORKAR, J.
DATE :
21st MARCH, 2025 P.C.
:
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No. 290 of 2022 registered at Taloja Police Station, District : Navi Mumbai for the offences punishable under Sections 386, 504, 506 r/w Section 34 of the Indian Penal Code 1860. 3.
The applicant was working as a driver with witness Yusuf Ali. The said Yusuf Ali and the first informant were live-
in relationship. One day the applicant had made the said Yusuf Ali to consume liquor and then made him to disclose about his relation with the daughter of the first informant. It is alleged that he got recorded the said conversation and later on forwarded the said conversation to the first informant and said Yusuf Ali. It is alleged that on the basis of said conversation the applicant stated blackmailing the first informant and said Yusuf Ali and extorted Rs.10,70,000/- from them. 4.
I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.
5.
The learned counsel for the applicant submits that the applicant is in jail for more than two years and the trial has not commenced. It is submitted that all the offences are triable by the Magistrate. It is submitted that the applicant without prejudice to his rights, is willing to deposit the amount of Rs.3,00,000/- and has tendered the Affidavit of the wife of the Applicant to that effect.
6.
On the other hand, the learned A.P.P. for the Respondent-State submits that this Court has on merits already rejected the application filed by the present applicant.
It is submitted that there are criminal antecedents against the present applicant. It is submitted that considering the nature of offence, the applicant may not be released on bail. 7.
The fact that the offences are triable by the Magistrate is not disputed. The applicant is in jail for two years. Considering the overall facts and circumstances, I am inclined to release the applicant on bail.
ORDER
(i) Criminal Bail Application is allowed;
(ii) The applicant is directed to be released on bail in connection with Crime No. 290 of 2022 registered at Taloja Police Station, District : Navi Mumbai for the offences punishable under Sections 386, 504, 506 r/w Section 34 of the Indian Penal Code, on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;
(iii) The applicant shall attend the concerned Police Station once in a month i.e. on first Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial; (iv) The applicant shall deposit the amount of Rs. 3,00,000/- before the trial Court. The release warrant shall not be issued unless the amount of Rs.50,000/- is deposited. The applicant shall deposit rest of the amount
of Rs.2,50,000/- before the trial Court within a period of three months from date of his release.
(v) The applicant shall not commit any other crime in future.
(vi) Application stands disposed of accordingly.
(N. R. BORKAR, J.)