1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5520 OF 2010 Mosim @ Mohsin Rafique Shaikh ...Applicant. v. The State of Maharashtra ...Respondents. Mr.R.D.Suryawanshi ,adv. For the Applicant. Smt.R.V.Newton, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 27, 2011. P.C. 1 Applicant Mosim seeks to be released on bail in crime no. 257 of 2010 registered by Mumbra police station for the offences punishable under Sections 364A, 385, 386 and 387 IPC. 2 Heard. On 27.5.2010 offence was registered on a report lodged by one Shadab Ansari. As per his report on 26.5.2010 at about 11.30 p.m. his younger brother Ahteshamulhaq @ Haji aged about 15 years had left the house to buy medicines for his mother. However, he did not come back. On the next day, i.e., 27.5.2010 at about 11.20 a.m. telephonic call was received by his father. On the telephone some unknown person made a demand of Rs.20 lac if he wanted back his son. Father immediately informed his elder son Shadab and he lodged a 2 report. Immediately police arrested the present applicant and one Mohammed Kasim. On telephone, their friend Asif got the information that said Kasim and Mosim were arrested. The said boy and Asif were nabbed by Mumbra police on 28.5.2010 when statement of the boy Ateshamulhaq @ Haji came to be recorded. As per his statement, one Imran was giving threats to him as he could not meet the frequent demands of the said Imran. He also complained to brother of Imran. According to him, on 25.5.2010 at about 11 p.m. he left the house to purchase medicines for his mother. He purchased the medicines at Nasimbag. He saw two boys Adil and Nadim with a belt. He felt that they must have been sent by Imran to beat him, therefore, he immediately contacted the present applicant Mosim on phone and then Mosim called him at Gulab Park. The present applicant told him that the people had come from Bombay to beat him and, therefore, he should accompany him to Hajimalang. Therefore, Asif and Kasim also joined them. All these persons went to Hajimalang and stayed in a room at night. On 26.5.2010 at about 7 p.m. all these persons came down from the room and left by vehicle near Kalyan phata. Kasim and Mosim got down and proceeded to Mumbra by rickshaw and thereafter Asif took him to his office at Koparkhairane and confined him into a room. On the 3 next day, i.e., 27.5.2010 at about 11 p.m. he was released from the office by watchman and secretary of the society and he was taken to Shahad by office boy. There Asif also came and they had night halt in Anand lodge. Next morning, i.e., on 28.5.2010 Asif was trying to contact Kasim and Mosim and he came to know that both of them were arrested. Asif confessed before the boy that he had made call to his father demanding Rs.20 lacs. 3 In view of the facts disclosed above, it appears that Kasim and Mosim had left the boy on 26.5.2010 at about 7 p.m. and thereafter, accused Asif took him and confined in the room and made a demand. The present applicant Mosim was not present when he was confined and when any demand was made. Admittedly there is no material to show that the present applicant had made any demand. 4 For the aforesaid reasons, applicant be released on his executing PR of Rs.10,000/- with surety in the like amount with condition that he shall not tamper with the prosecution evidence. (J.H. BHATIA,J.)