1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4148 OF 2009 Vijay Babu Parmar .. Applicant V/s The State of Maharashtra .. Respondent ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. A.P. Mundargi, Senior Advocate i/b Mr. Vinayak Patil for the applicant. Mr. J.P. Kharge, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 7TH JANUARY 2010 P.C. : 1. The applicant seeks bail in connection with the crime registered against him under C.R. No.63 of 2009 by Karad City Police Station for an alleged offence punishable under sections 364­A, 386 read with 34 of the I.P.C. 2 2. The case of the prosecution is that the brother of the applicant was arrested by the Pune police and for the purpose of his release from the police custody, the applicant needed a sum of Rs.65,000/­. The applicant on advise of one Salimbhai approached one Feroz Khan for Rs.65,000/­ and threatened Feroz Khan to pay him Rs.65,000/­, failing which he would be killed. The case of the prosecution is that the sum of Rs.30,000/­ was extorted from Feroz Khan and the sum of Rs.15,000/­ was extorted from Haroon Gulam Shaikh. The incident is alleged to have taken place on 20th December 2008. F.I.R. was lodged by one Babu Yunus Patel on 25th February 2009. Thus, there is a delay of more than two months in lodging the F.I.R. This delay is not satisfactorily explained. The victims of extortion, namely Feroz Khan and Haroon Gulam Shaikh, have not lodged any F.I.R. Statement of the second victim, namely Haroon Gulam Shaikh, is not even recorded. He has not even cited as a witness in the 3 charge­sheet. 3. The applicant is in jail since 25th February 2009. Trial has not yet commenced and I am informed at the Bar that taking into consideration the pendency of cases, the trial is not likely to commence in near future. 4. Taking into consideration the aforesaid circumstances and in particular the fact of unexplained delay in lodging of the F.I.R. as also the fact that the statement of one of the victims has not been recorded, the applicant can be granted conditional bail. Hence, I pass the following order: ORDER The applicant be released on bail of Rs.20,000/­ with two sureties of the like amount subject to the following conditions: (i) The applicant shall not tamper with the 4 prosecution evidence. (ii) The applicant shall not threaten any of the prosecution witnesses. (iii) The applicant shall report his presence to the concerned police station on every 1st and 5th day of each calendar month. (iv) The applicant shall not change his present local address and shall not go beyond Taluka Karad, except for casual visits. In case he intends to go out of Taluka Karad, he shall intimate to the police the date, place and the purpose of his visit in advance. (D.G. KARNIK, J.)