11. cr appln 5363-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. APPLICATION NO. 5363 OF 2010 Sayyed Mubassir Mujib Ahmed .. Applicant Vs The State of Maharashtra .. Respondent Mr. A.R. Arjunwadkar i/b Mr. Mayuresh Modgi for the Applicant Mr. S.A. Shaikh, APP for the State CORAM : J.H. BHATIA, J DATE : 24th JANUARY, 2011. P.C.: 1. Heard the learned counsel for the applicant and the learned APP. 2. The applicant who is accused no. 1 in Crime No. 90 of 2010 registered at Nizampura Police Station under Sections 364A read with 34 of IPC seeks to be released on bail. As per FIR lodged by one Parvez, he had entered into a love marriage without disclosing the fact of marriage to the parents of the girl. The applicant was a witness to that marriage. To keep that fact secret, the present applicant began 1 11. cr appln 5363-10.doc to extract money from him. Later on, the parents of the girl came to know and the girl also joined the FIR informant and began to live with him as his wife. It was contended in the complaint that the present applicant had by telephonically call, called said Parvez to a particular place and he was beaten there with fist blows and was threatened to pay Rs. 50000/- and then, he was confined in some undisclosed place for two days. On the basis of that report, the applicant and his companion Zulfikar were arrested. Accused no. 2 Zulfikar is granted bail by the trial Court. The present applicant is in custody since 10th June, 2010. 3. There is practically no evidence except the statement of the first informant. It is material to note that the first informant Parvez himself is involved in several theft cases and according to his own report, he had committed theft of two motor cycle and he was arrested in the same. According to the report lodged by him, the present applicant had threatened to get him involved in more criminal cases, to get him externed or to get him killed in fake encounter. None of these acts could be done by an ordinary 2 11. cr appln 5363-10.doc person unless some police officer was involved in the matter. It is not the case of the prosecution that any police man or officer was involved in the case. Taking into consideration the fact that the first informant himself does not have a clean record and has criminal antecedents, in my opinion, the applicant cannot be detained in jail for long pending the trial. 4. For the aforesaid reasons, the applicant be released on his executing P.R. in the sum of Rs. 25000/- with one or two sureties in the like amount with conditions that he shall not tamper with the prosecution evidence and shall also attend Nizampura Police Station on every Sunday between 11 a.m. to 1 p.m. till end of the trial. 5. Application disposed of. [ J.H. BHATIA, J ] 3 11. cr appln 5363-10.doc 4