Suresh Jayantilal Shah v. State Of Maharashtra
2025:BHC-AS:12944 Diksha Rane 12 ABA 645-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.645/2025 SURESH JAYANTILAL SHAH ..APPLICANT VS STATE OF MAHARASHTRA ..RESPONDENT ------------ Ms. Mallika Ingale for applicant.
Mr. A. A. Naik, APP for State.
PI Swapnil Ghangade, Kandivali Police Station. ------------ CORAM : RAJESH S. PATIL, J.
DATE : MARCH 18, 2025.
P.C. :
1.
On 6/3/2025, following order was passed.
1.
This is a matter where the offence of fear and extortion of money has been registered against the accused persons. All the accused persons belonged to the a political party. The informant is an employee of the company who was allotted by the Municipal Corporation contract for development of road. On the ground that the quality of the work is not upto the mark, the present applicant started complaining. In the First Information Report (FIR) it has been mentioned that all the accused persons demanded monies from the informant in order to work in Kandivali area. Due to the constant harassment of the accused persons, the informant paid a sum of Rs.4 lakhs in order to stop nuisance. However, still there is a demand of Rs.10 lakhs from the informant, therefore, the informant lodged the FIR.
2.
The learned APP submits that the telephonic calls which the informant's company employees receives from the mobile phone of the present applicant has been recorded. In those calls, there is a demand of Rs.10 lakhs from the employees of the informant. The learned APP further submitted that the transcript of the same would be furnished to this Court on the next date of the hearing.
Diksha Rane 12 ABA 645-2025.doc 3.
The learned counsel for the applicant submits that if at all in the transcript which the learned APP would be submitted on the next date of the hearing it is found by this Court that certain kind of demand for extortion is made by the applicant, she will, thereafter, not argue the matter and would leave it to the Court to pass necessary orders. 4.
In order to enable the learned APP to file the transcript, stand over to 18/3/2025 under the caption "for urgent circulation". 2.
Today, the learned APP has handed over the copy of the transcript of the calls between the witness and the present applicant. The said conversation was recorded by the witness. I have gone through the text of these messages. The learned APP admits that there is no demand in the conversation made between the witness and the present applicant.
3.
The learned counsel for the applicant submits that the work which was carried out next to the building in which the applicant is residing is still in progress. She submits that without admitting any kind of guilt the applicant has resigned from the post which he holds in the political party. She submits that the present applicant is ready to cooperate with the police and will not contact the contractor or his employees.
4.
In view of the submissions made by the learned counsel appearing for the applicant, prima facie, I am of the view that the protection can be granted to the present applicant. Hence, the
Diksha Rane 12 ABA 645-2025.doc following order.
ORDER
(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with First Information Report No.1072/2024 registered with the Kandivali (W) Police Station, the applicant shall be released on bail, on furnishing P.R. bond to the extent of Rs.30,000/- with one or two sureties of the like amount.
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence. (d) The applicant shall furnish details of his residential address, contact number and email address to the Investigating Officer. (e) The applicant shall attend the concerned police station on 25/3/2025 and 26/3/2025, between 11.00 a.m. to 1.00 p.m. and thereafter, as and when called for.
5.
The anticipatory bail application is disposed of. (RAJESH S. PATIL, J.)