IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1531 OF 2009 CRIMINAL APPLICATION NO. 1531 OF 2009 CRIMINAL APPLICATION NO. 1531 OF 2009 Javed Ali Mukadam ...Applicant vs. The State of Maharashtra ...Respondent Mr.O.A. Siddiqui and Mr.Rajendra Rathod for the Applicant. Mr.D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : APRIL 2, 2009 DATED : APRIL 2, 2009 DATED : APRIL 2, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been arrested in connection with an offence punishable under Sections 364A, 384, 385, 323, 506 read with 34 of the IPC registered vide C.R.No.I-102/2009 at Naupada Police Station, Thane. 3. The complainant was dealing in Ayurvedic Herbal Medicines. It is alleged that the applicants threatened the complainant that he should return the amount which they had spent for the treatment of their ailment. It is alleged that the applicants took away Rs.4500/- and - 2 - mobile phone from the complainant. This role, however, has been attributed to accused no.1. So far as the present applicant is concerned, the only role attributed to him is that he had threatened the complainant and had demanded Rs.4 lakhs as damages for not giving proper treatment to him. 4. Prima facie, from the allegations which are made in the complaint, it appears that Section 364A would not be attracted since this is a case where the applicant was supplied the drugs by the complainant which proved to be uneffected, therefore, the applicants were angry with the complainant. 5. Under these circumstances, therefore, the applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. He shall, however, report to the concerned police station once in a week till the filing of the charge-sheet and thereafter, once in a month. 6. The application is disposed of. - 3 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)