1 BA-1731-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL BAIL APPLICATION NO. 1731 OF 2011 1. Mr. Pravin Aarun Lokhande, ) 2. Mr. Siddharth alias Kanmchan Anil ) Khatikade ) 3. Mr. Roshan Rajendra Pagare ) 4. Mr. Sunil Sunder Shinde ) ..Applicants vs. State of Maharashtra ..Respondents Mr. Pravin R. Shejwal, Advocate, for the applicants. Mr.Y.S. Shinde,APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 23rd November, 2011. P.C. 1. The applicants, who are original accused Nos. 5,6, 7 and 9,seek bail in Crime No.150/2011 registered with Panchvati Police Station,Nashik, under Sections 394, 384, 395,397, 365, 386, 109, 212, 364(A), 401, read with Sec. 34 of IPC. 2. Charge sheet has been filed against 15 accused persons. Some of the accused have been granted bail. The prosecution case revealed by FIR lodged on 2 BA-1731-11.sxw 24.4.2011 by the complainant Balasaheb Chandrakant Madsagar reveals that on 20.4.11, at about 9.30 p.m. after the auction was over in the market, he was proceeding towards his shop. At that time, one unknown person approached him and told that Shekhar Nikam, who is accused No.1, had called him near the rickshaw. Therefore, Balasaheb went there near that rickshaw. At that time 2 - 4 persons were sitting in the rickshaw. They included Shekhar Nikam. Others were not known to him. Shekhar Nikam made him sit in the rickshaw and took him outside the market yard. Shekhar Nikam told him that Balasaheb had some dispute with another businessman and that another businessman had given him contract to kill Balasaheb and for that an amount of Rs.2 lakh was offered to him. Shekhar told him that if he wanted to save his life, he should pay him Rs. 3 lakh. At that place, he was beaten with kicks and sticks and also threatened. Complainant told Shekhar that he had an amount of Rs.1,50,000/- at his house and he would pay that amount and balance amount would be paid by next day. After that one person accompanied him to his house in that Rickshaw. Balasaheb handed over that amount of Rs.1,50,000/- to that person and balance amount of Rs.1,50,000/- was paid by him to Shekhar on the next day. On 24.4.2011, he began vomiting and felt pain possibly because of the beating and therefore he was taken to the hospital. Then he disclosed the facts and statement was recorded by police. In a supplemental statement, he stated that at the place where he was taken 3 BA-1731-11.sxw and where demand was made there were six or more persons, but he had not seen their faces. He could identify only Shekhar Nikam. The evidence collected by police reveals that the amount of Rs.1,50,000/- was received on the first day on behalf of Shekhar Nikam by accused No.5 Sunil Shinde, who is applicant No.4 before this Court. 3. The learned APP pointed out statements of certain witnesses to show that other three applicants were also involved. However, I find several inconsistencies in their statements if compared with the statement of Balasaheb himself. The learned APP also pointed out that said Shekhar had committed the offence of extortion against some more witnesses also and in that also accused No.5 Sunil Shinde was involved in accepting money on behalf of Shekhar Nikam. 4. It is not clear on what basis the Investigating Officer has invoked Sections 394, 395, 397 and 401. It appears that the Investigating Officer does not understand the difference between the extortion, robbery and dacoity. 5. Taking into consideration the facts and circumstances of the case, in my opinion, it will not be in the interest of justice to grant bail to accused No.5 Sunil Shinde, but I do not see any valid reason to refuse bail to other three accused who are applicant Nos. 1, 2 and 3. 4 BA-1731-11.sxw 6. Therefore, the applicant No.1 Pravin Aarun Lokhande, applicant No.2 Siddharth alias Kanchan Anil Khatikade and applicant No.3 Roshan Rajendra Pagare be released on their executing P.R. of Rs.25,000/- each with one or two sureties in the like amount with condition that they shall not tamper with the prosecution evidence and shall also report at Panchavati Police Station on every Monday between 5 to 7 p.m. till end of the trial. 7. Application to the extent of applicant No.4 Sunil Sundar Shinde stands rejected. (J.H.BHATIA,J.)