crapln190.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.190 OF 2011. WITH CRIMINAL APPLICATION NO.194 OF 2011 & CRIMINAL APPLICATION NO.208 OF 2011. Abdul Sajed s/o Abdul Sattar, age 49 years, occu. business, r/o House NO.6-4-297, Shahabazar, Near Chelipura Police Chauki, Aurangabad. .. APPLICANT. VERSUS 1. The State of Maharashtra through Begampura Police Station, Aurangabad. 2. The Superintendent of Police, Aurangabad. .. RESPONDENTS. ... Shri V.D. Sapkal, Advocate for applicant. Shri S.G. Nandedkar, A.P.P. for State. Shri S.G. Ladda, Advocate to assist APP. ... WITH CRIMINAL APPLICATION NO.194 OF 2011 Abdul Rauf Khan @ Khalil Khan s/o Mohemood Khan, age 40 years, occu. business, r/o House NO.12-3-236, Mominpura, Lota Karanja, Aurangabad. .. APPLICANT. crapln190.11 2 VERSUS 1. The State of Maharashtra 2. The Commissioner of Police, Aurangabad. .. RESPONDENTS. ... Shri V.J. Dixit, Sr. Counsel with Shri N.S. Ghanekar, Advocate for applicant. Shri S.G. Nandedkar, A.P.P. for State. Shri P.F. Patni, Advocate to assist APP. ... & CRIMINAL APPLICATION NO.208 OF 2011. Shaikh Ibrahim Patel s/o Shaikh Hussain Patel, age 51 years, occu. agril., r/o Naigaon, Tq. & Dist. Aurangabad, at present residing at Fajalpura, Aurangabad, Tq. & Dist. Aurangabad. .. APPLICANT. VERSUS 1. The State of Maharashtra through Begampura Police Station, Aurangabad. 2. The Superintendent of Police, Aurangabad. .. RESPONDENTS. ... Shri Rajendra Deshmukh, Advocate for applicant. Shri S.G. Nandedkar, A.P.P. for State. Shri S.G. Ladda, Advocate to assist APP. ... crapln190.11 3 CORAM : S.S. SHINDE,J. 1st FEBRUARY, 2011. PER COURT: 1. These three applications have been filed by the applicants seeking anticipatory bail in connection with CR No.157/2010 registered at Begampura Police Station, Aurangabad for offence punishable under Sections 384, 420, 468, 504 r.w. 34 of I.P.C. 2. All the three applicants herein filed bail petitions before the Additional Sessions Judge-4, Aurangabad. By order dated 11.1.2011, their applications came to be rejected. Hence, these applications seeking anticipatory bail. 3. The complainant Kadari Anwar s/o Kadari Jahoor, r/o Patel Planet, Jatwada Road, Aurangabad lodged complaint dated 14.12.2010 crapln190.11 4 with Begampura Police Station, Aurangabad. The English translation of the said complaint, as is supplied by the prosecution, reads thus: "Date : 14/12/2010 COMPLAINT (FROM MARATHI TO ENGLISH) I, Quadri Anwar S/o Quadri Zahoor Ahmed, Age : 34 yrs Occupation- Business, R/o Patel Planet Jatwada Road, Aurangabad lodge complaint before the P.S. Begampura. I reside along with my family at above mentioned address and do plotting business. My brother namely Ifteqar Quadri run the business in the name of Pragati Pvt. Ltd., I purchased the land situated at Himayat Nagar, Tq-Dist. Aurangabad survey no. 19/1 from its undisputed owner/original owner from 1956 namely Shri Sandu s/o Dhondiba Dube by giving paper publication. Our transaction has been completed by mutual consent and we are taking the benefit of such land. Corporator Abdul Sajed Abdul Sattar do not crapln190.11 5 have any concerned with said land. In Oct. 2010 I can't remember the date, in morning near about 11 to 12. Coporator Abdul Sajed Abdul Sattar called me and my brother by phone and asked to meet him at his home Chelipura, there he told that the land which you have purchased you have done illegal transaction and if you want to do plotting in green belt, you will have to pay me Rs. 25,00,000/- other wise people of corporation on my direction will lodge FIR & false complaint & restrained you and your brother from doing business. In your sale deed my friend namely Khalil has attached Fabricated N.A. and if same is given to the police, they will take action against you, saying this if you will not pay me money, you will face the consequences and in like manner threatened me. I was afraid of the threat given to me by Abdul Sajed Abdul Sattar and we asked him we need time to think & grant us the time. That to think & grant us the time. That after also we do not paid him extortion amount due to this they published false news in the daily news paper Aurangabad times & Aurangabad crapln190.11 6 Express and influenced me by preparing the fabricated G.P.A. of Saeed Bin Salam in the name of Ibrahim Patel with an expectation that I will give money. Person of corporator Abdul Sajed Abdul Sattar namely Sk. Raees Shaikh Razzak went to various offices and collected the personal documents and by showing the said faults to the person concerned demands the money of extortion & to us also threatened that give the money to Sajed Builder as per his demand other wise it will go hard to you. Then after also the persons of Sajed Builders continued to threatened and demanding the extortion and as I had not given them the extortion money, on 12/11/2010 at 3.00 p.m. building officer of corporation namely Sangewar came along with 20 to 25 persons and without any prior intimation & any notice or the Government Order, assaulted the labours at the plot and took the articles of the shed which was there for the purpose to give the shelter to the labour with them. Abdul Sajed Builder in the meeting of standing committee in the first week of crapln190.11 7 December without any proof raised the question that our land belongs to corporation & also published the fake & fabricated news in the daily news paper and to influenced us by sending town planning and development officer & building officer Sangewar, Shaikh Kader and Anwar Khan repeatedly. Amongst them building officer Anwar Khan used to come at our land by the order of Sajid Builder and used to tell, that you meet to Corporator. Abdul Sajid Builder and give them the money as per their demand and get your issue solved. Thereafter building inspector Anwar Khan and Shaikh Kadar without giving me any explanation and prior notice, took with them the six iron poles which were erected in my field. My watchmen Azim Khan Hayat Khan informed me about the incidence and on account of his information. I from my mobile phone called to Building Inspector Anwar his mobile phone he told me that we will negotiate and told to come at the garage of Rashid Bhai near collector office Masjid & hence we both brother went there in the evening. He informed us how his and Sajed Builders crapln190.11 8 extortion transaction works, and told us to give the money to Sajed Builder as per demand, he is dangerous person. Than after we both brothers met him two to three times and he used to inform from his phone to Sajed Builder about the negotiations of meeting. As decided in the said meeting we through the mediation of Anwar Khan on 10/12/2010 while going to house of Abdul Sajid Abdul Sattar, Chelipura with expectations to get solved the matter by request, I brought Rs. 1000000 (ten lakhs) with me and negotiated with him and handed over the said amount to him. Before taking the said amount Sajed Builder from, his mobile called there Corporator Abdul Rauf alias Khalil Khan, Ibrahim Patel and Shaikh Raees Abdul Razzak who were his companions helped him in the matter & all of them discussed with me. I requested to finish the matter in the amount of Rs. 1000000 which I was handed over to them but they told me that we will discuss again on the matter on 12/12/2010 on Sunday. On 12/12/2010 in afternoon on Second Meeting. Corporator Sajed Builder thinking that I am afraid from him told me that you have to pay Rs. 700000/- and told that the said amount in the said matter crapln190.11 9 they made fabricated N.A. of my land and he has to distribute to Shaikh Raees Abdul Razzak, Shaikh Ibrahim Patel who helped him in the matter and shown me the documents of properties and files of income tax of different persons and the fabricated N.A. of my land and narrated that how he traps the people. As Sajed Builder demanded me the huge amount and it was not possible for me to give and hence after also he will tease me in like manner, hence I with an intention to get caught him red-handed while accepting the extorted money, proceeded to negotiate further. On 13/12/2010 afternoon at about 2 p.m. Anwar Khan called me on phone and asked me my address and came at my home and explained me to give the 7000000 and told to give Rs. 2000000 from the said amount on 14/12/2010 and went out. I have recorded all the negotiations of meeting and also of repeated calls of Anwar Khan and also given the complaint in police station against him. As was decided yesterday, from the demanded extortion amount of 7000000/- crapln190.11 10 Anwar Khan on 14/12/2010 was to come and I was not with the intention to give, I came to police station Begampura and informed about the said to the police inspector Shri Lahane he informed his seniors. I am not willing to give the extortion amount and I want to caught red handed accepting the extortion amount. Hence I prepared bundle of Rs. 20 Lakhs which like it in the manner. I used Rs. 40,000/- to which I kept Rs. One Thousand Note at top and at the bottom and in between the blank papers of the size of notes. In this I prepared 20 bundles, I informed this on the account of this information police called Two Panch Witness and informed the staff and planned to arrange the trap and sand me to my house with the bundles of notes which I have prepared then after at my home in surroundings police arranged the trap. In afternoon at 12.45 p.m. building inspector of corporation Anwar Khan who was sent by Sajed Builder came to my home, negotiations took place between us and I gave him Rs. 20 Lakh (Twenty Lakh) bundles which I was prepared to give as an extortion money on that only the police crapln190.11 11 who were in trap at my home and in surroundings attack & caught Anwar Khan red handed accepting the extortion amount. Hence today dated 14/12/10 at 13.05 at my residential house Patel Planet corporator Abdul Sajed Abdul Sattar (Sajid Builder) & his companions namely Anwar Khan building Inspector Corporation, Aurangabad, Shaikh Ibrahim Shaikh Hussain Patel, Shaikh Raees Abdul Razzak, Corporator Abdul Rauf Khalil Khan through a conspiracy in my own lands matter prepared fabricated N.A. & demanded the extortion of Rs. 70,00,000/- ( 70 Lakhs) & from the said amount Anwar Khan building inspector get caught red handed while accepting the extortion amount of Rs. 20,00,000/-. hence I request to take legal action against therefore said persons & the persons prepared & fabricated N.A. By above said complaint in returned I read it is true to the best of my knowledge." 4. The applicant Abdul Sajed s/o Abdul Sattar, who has filed Criminal application No. 190 of 2011 seeking anticipatory bail, has crapln190.11 12 contended in his application that he is elected Corporator of Municipal Corporation, Aurangabad and member of the Standing Committee and they raised issue regarding the said property in Standing Committee on 6.12.2010 and his intention is to protect the property of the Government i.e. Aurangabad Municipal Corporation. According to him, due to illegal acts of one Sandu Dhondiba Dube and the complainant, he had filed several complaints / applications to several Government Authorities to take appropriate action against them. It is his contention that the complaint is filed against him with an intention to malign his image in the society and in order to attack his social status. According to him, no specific allegation is levelled against him in the F.I.R., he is a reputed person in the society being elected Corporator of the Municipal Corporation, Aurangabad. crapln190.11 13 5. Another Applicant Shaikh Ibrahim Shaikh Hussein Patel has contended that he is General Power of Attorney holder of Sayyadbin Salem, who sold 7 acres 7 gunthas land to Sandu Dhondiba Dube and his brother. According to him, 2 acres and 30 gunthas land is still in possession of the legal heirs of Sayyadbin Salem and he tried to enter the names of the legal heirs in the revenue record and, therefore, he has been falsely implicated in the complaint. He further stated that no specific allegations are levelled against him in the F.I.R. According to him, nothing has been recovered from him and he is a reputed person in the society. Therefore, he prayed for grant of anticipatory bail. 6. Another applicant namely, Abdul Rauf @ Khalilkhan has contended that the case of the complainant is highly improbable regarding ransom as alleged in the F.I.R. There is no specific allegation in the F.I.R. against him. crapln190.11 14 He contended that nothing has been recovered from him and he is falsely involved in the crime. 7. The learned Counsel Mr. V.D. Sapkal, appearing for the applicant Abdul Sajed s/o Abdul Sattar submitted that on 14.12.2010 one Kadari Anwar Ahmed s/o Kadari Juhur lodged the complaint in the Begampura Police Station making allegations that he is dealing in plots and purchased Sur.No.19/1 from one Sandu Dhondiba Dube. It is submitted that one G.P.A. holder of Sayyadbin Salem has filed complaint on 30th September, 2010 to the Commissioner of Municipal Corporation and it was mentioned in the complaint that by using forged N.A. order, property in green belt possessed by Sayyadbin Salem is sold. Copy of the said communication was marked to the present applicant for raising point in corporation. The Talathi of Aurangabad issued communication under the R.T.I. Act on crapln190.11 15 11.10.2010 stating that Sandu Dhondiba Dube has no land in Himayatbag, more particularly, in Sur No.19/1. The learned Counsel invited my attention to the said communication, which is placed on record. It is further submitted that applicant filed application to the Registrar on 11.10.2010 requesting to supply copies of sale deed of Sur.No.19/1. It was mentioned in the said application that the property is in green zone and no sale deed can be executed. On 19.10.2010, the applicant approached to the District Collector,Aurangabad requesting to supply original copy of the N.A. order which was used by Sandu Dhondiba Dube. On 18.10.2010 the applicant approached the Assistant Director, Town Planning requesting to supply of order dated 6.2.2010 which was referred in the N.A. order. On 19.10.2010, communication was received by the applicant from the Assistant Director, Town Planning stating therein that the order dated 6.2.2010 is not issued by the crapln190.11 16 Department and therefore, copy cannot be given. On 20th October, 2010, the applicant made complaint to the District Collector intimating that one Sandu Dhondu Dube is using forged N.A. order and selling property with the help of some agent. It was also brought to his notice that copies of all N.A. Orders from 1.4.2010 to 18.10.2010 be made available. It was also mentioned that the Government is put to loss of crores of rupees and, therefore, action be taken. On 30th October, 2010 the applicant issued communication to the Assistant Registrar, requesting him that copies are not being supplied to him. On 18.11.2010, the applicant issued reminder to the Collector. On 20.11.2010, the applicant requested the Administrative Officer of the Corporation that land of Kham river is being encroached and, therefore, offence be registered against the complainant and Sandu Dhondiba Dube. On 22.11.2010, the applicant approached to the Administrative Officer crapln190.11 17 requesting him that 5 acres land of river i.e. (Gal Per) is being encroached by the complainant and one Sandu Dhondiba Dube, bogus N.A. order is prepared and plots are made, therefore, offence be registered against the concerned persons. On 23.11.2010 again he wrote letter to the Collector stating therein that when several requests are made, no action is taken. Therefore, it seems that in collusion with Officers of the Collectorate, the complainant is doing illegal business of plotting and using 5 acres land of corporation. It is further argued that the GPA holder of Sayyadbin Salem came to know that the complainant got prepared forged map and, therefore, he filed complaint dated 22.11.2010. It is the case of the applicant that when the corporation authorities were taking lawful action against the complainant, the complainant managed the police officers and brought pressure on corporation. On 25th November, 2010, there was communication from crapln190.11 18 the Police Officer directing the officers of the Municipal Corporation to remain present. It is further case of the applicant that there were several disputes between Sandu Dube and the complainant and GPA of Sayyadbin Salem and, therefore, paper publication was issued through Advocate on 22.11.2010 in almost all the papers. It was mentioned in the paper publication that plots are being sold by using forged N.A. order. It was also mentioned that the property is in green belt and Sandu Dube has no property in Survey No.19/1. On 2.12.2010, the present applicant made request to the Collector that action be taken against Sandu Dube and the complainant for preparing forged N.A. order. On 3.12.2010, the present applicant approached the Commissioner, Municipal Corporation, making grievance that the property in green belt is being sold by the present complainant and Sandu Dube by using forged N.A. order and, therefore, offence be registered in City Police Station. crapln190.11 19 On 4.12.2010, complaint was submitted tothe Police Station by Shaikh Ibrahim Shaikh Hussain. It was mentioned that there is stay granted by the Deputy Superintendent of Land Records to the map prepared by him. On 4.12.2010 complaint was made to the Administrative Officer making grievance that Anwar Kadari is encroaching on river land as well as on the land of Corporation. On 4.12.2010, the applicant approached the Police Commissioner as well as Divisional Commissioner making reference of his earlier correspondence and requested for immediate action. On 5.12.2010 Shaikh Ibrahim approached the Commissioner of Police and requested for taking action against the complainant stating that the property of the corporation is being grabbed by him with the help of bogus N.A. order and the same be stopped immediately. 8. In General Body meeting of the crapln190.11 20 Corporation, the subject of illegal plots and encroachment was discussed. The Sabhapati passed order for registration of crime. On 6th December, 2010, Shaikh Ibrahim approached to the Commissioner making similar grievance. The applicant made the grievance in the meeting on 6.12.2010. It was reflected in the newspaper dated 7.12.2010. He raised point that on the basis of forged N.A. order, 115 plots are sold and, therefore, action be taken. On 7.12.2010 Shaikh Ibrahim approached to the Commissioner of Police and requested to lodge criminal complaint in City Chowk Police Station. On 7.12.2010 the Commissioner, Municipal Corporation wrote a letter to the District Collector and informed that bogus N.A. order is prepared and this matter falls within the jurisdiction of the Collectorate. It was requested that F.I.R. should be registered against the complainant and Sandu Dhondiba Dube and all the concerned. On 8.12.2010 application was filed by the crapln190.11 21 Officers of the Corporation making complaint to the Police Station. On the same date, the applicant approached to the Collector reiterating his grievance. On 10.12.2010, the applicant approached to the Divisional Commissioner as he being the highest officer of the region and brought to his notice that all illegalities are being committed by the office of the Registrar and Collector and sale deeds are being executed by Sandu Dube and the complainant. On 13.12.2010, again applicant approached to the Collector and also the Registrar. It is argued further that the Collector verified the fact from their record and on 25.4.2010, directions are issued to register crime against the complainant. It is further argued that not only directions are issued by the Collector to register offence against the complainant but, directions were issued to the Dy. Superintendent to look into the matter in respect of map which was prepared at the instance of the complainant. crapln190.11 22 On 12.1.2011 the Superintendent of Land Records cancelled earlier map dated 28th April, 2010 and issued fresh map. Further details are brought to my notice by the learned Counsel for the applicant. He invited my attention to the pleadings in the application and submitted that when the applicant has approached to several authorities to take action against the complainant and one Sandu Dhondiba Dube for preparing forged N.A. order and for encroaching and selling plots on the Corporation land, which is in green belt, the question of asking for ransom or alleged extortion of money does not arise. According to the learned Counsel for the applicant, the applicant raised this issue in the Corporation meeting and therefore, there is no any reason why he will ask for any amount from the complainant. 9. It is further submitted that the applicant crapln190.11 23 herein has been elected as Corporator of Aurangabad Municipal Corporation for second consecutive term, he is Vice President of District Congress Committee since 12-13 years. He is elected as opposition leader from 2006-07 and 2007-08. Applicant was elected as Chairman of Standing Committee of Corporation from 2008-09, 2009-10 and right now he is Gat Neta in the Corporation as recognized by the Divisional Commissioner, Aurangabad and, therefore, to malign his image, false complaint is filed by the complainant. He is not beneficiary nor has any interest in the transaction of the complainant and section 420 of I.P.C., cannot be attracted. On the contrary, it can be attracted against the complainant. The CD prepared by the complainant does not disclose that the applicant demanded Rs.70 lakhs. It is further submitted that though it is stated by the complainant in the F.I.R. that he is owner of purchasing the land from Sandu Dube, the crapln190.11 24 record shows that he had purchased only 10 gunthas of land from Sandu Dube. It is further submitted that the said land is in green belt and also to the extent of 5 acres, the Corporation is owner of the said land. Though the applicant approached to various authorities, no attention was given to his complaint. However, now offence is registered against the complainant and Sandu Dhondiba Dube recently for preparing forged N.A. order. The learned Counsel further submitted that extortion is contemplated u/s 384 of the I.P.C., which can be made in secrecy. However, the record shows that said provision is not satisfied. The applicant attended the police station every day between 9.00 a.m. to 2.00 p.m. from 31.12.2010 to 10.1.2011. In case, bail is not granted to the applicant, his prestige of the applicant will be lowered down in the society and his political career will be damaged. It is further submitted that in fact, all the persons those who can be crapln190.11 25 witnesses against the complainant and illegal activities of complainant and Sandu Dube, are made accused with the help of police only with a view that they should not open their mouth. If the arrest of the applicant is caused, in such circumstances the purpose of the complainant will be satisfied. The Counsel further submitted that already offence is registered against the complainant and Sandu Dhondiba Dube u/s 420, 464, 467, 468, 471, 182(B) r/w 34 of I.P.C. The learned Counsel further invited my attention to the annexures annexed to the application, pleadings therein and the grounds taken in the application and submitted that there is no question of any demand from the complainant as alleged in the complaint. It is further submitted that the Fragmentation Act is applicable in the Corporation Limit. He further submitted that all the sale deeds are bogus and the same are prepared on the basis of bogus N.A. order which was prepared by the complainant and crapln190.11 26 Sandu Dube. It is further submitted that when the applicant raised the issue in the meeting of the Corporation on 6th December, 2010, he did mention the name of Anwar Khan that he might have been negotiating the matter with the complainant. He further