MOHSIN HAIDER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for anticipatory bail in C. R. No. 213/2000 under sections 323, 324, 342, 363, 387 r/w section 34 of the I. P. C. of D. N. Nagar Police Station, Mumbai. 2. The allegations in the F. I. R. which was lodged on 27-4-2000 at 10. 00 p. m. at D. N. Nagar Police Station by Sayyed Asif Ziauddin Sayyed in brief are as under :- Since the last four years, the informant was affiliated to the Samajwadi Party as a party worker and did social work with Mohsin Haidar (the petitioner) a Municipal Corporator. Since the informant from the last two months was getting messages that he had been called to the petitioners office at Andheri at about 10. 00 a. m. on 30-3-2000, he visited the petitioners office. At that time, the petitioner and one Iftekar were present. "tum bahot paisa kama rahe ho. Tera hisab karna hai".

(2.) IN the meantime, some other people came to the office and the informant escaped. Thereafter, he was called to the petitioners office many times but, did not go, inspite of the fact that the petitioners worker Salim Gandhi had gone to his shop and threatened his brother Minaz in terms that he should be sent to the office otherwise he would be taken from there. On 25-4-2000, at 7. 30 p. m. while the informant was having tea in the house of Mr. Tahir, the petitioners workers Salim Gandhi, Afzal and Suresh came there; called him out from the house; started assaulting him with fists and kicks and forcibly abducted him in an autorickshaw which was standing there and took him to the petitioners office. On the way, they assaulted him. Salim Gandhi and Suresh in the petitioners office in the presence of the petitioner assaulted him with two sticks which were lying there, and Afzal inflicted blows with his hands. Salim Gandhi told him that he should pay Rs. 15,00,000/- within one week or else they would cut him into pieces and kill him. Thereafter, they tied his hands and confined him in a latrine. Two hours later, Salim Gandhi and Suresh opened the door and threatened him to construct 15 houses for the petitioner within eight days in Patekar compound or pay them Rs. 15,00,000/- within the said time, otherwise he would be cut into pieces. They again locked him in the latrine and went away. At about 1. 00 a. m. when he was in the latrine, his brother Wahid came; opened the door of the latrine; took him to the Cooper Hospital where he was medically examined and then took him home. The informant has alleged in the F. I. R. that on account of the petitioners threats, he did not complain about the incident to anyone and when the day earlier (on 26-4-2000) at about 4. 00 p. m. Salim Gandhi and Suresh came and threatened him saying that he had seven days time left, he along with his brother came and lodged the F. I. R.

(3.) GOING backwards, the injuries of the informant-Sayyed Asif Ziauddin Sayyed were medically examined on 26-4-2000 at 2. 20 a. m. at Cooper Hospital by the Medical Officer on duty, who found swelling and bruises on his nose maxilla, supra scapula and scapula which were fresh simple in nature and attributable to a hard and blunt object. In the case history, all the injuries mentioned in the injury report are said to have been caused by stick and fist blows.