DHANESH MARUTI THORAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with F.I.R. No.171 of 2022 registered with Nhava Seva Police Station, Navi Mumbai, for offences punishable under Ss. 364A, 387, 323, 504, 506, 34 read with Sec. 120-B of the Indian Penal Code, 1860 and Ss. 3 and 25 of the Indian Arms Act, 1959, the applicant is seeking relief under Sec. 438 of the Criminal Procedure Code, 1973.

(2.) According to the prosecution, the informant has the business of material supply. The accused No.1-Vicky Alias Vikrant Deshmukh, accused No.2-Jitendra Alias Bala Deshmukh and his friend accused No.3-Parashuram Mokal are well-known criminals in the vicinity. Multiple crimes were registered against them. On 8/5/2022, at about 08:15 p.m., the informant forcibly took the informant's Bolero vehicle and accused Nos.1 to 3 by showing a revolver to him, demanding a ransom of Rs.2.00 Crore. The informant got frightened and agreed to pay Rs.75.00 Lakh. The informant paid an amount of Rs.5.00 Lakh in cash to accused No.6-Vijay Mhatre. Thereafter, the informant constantly received threats for ransom. The informant got scared and avoided receiving their phone calls. On 22/5/2022, the applicant spoke with the informant on the phone. The applicant introduced himself as the brother-in- law of the accused No.1. The applicant threatened the informant to comply with the ransom demand as decided. Thereafter through WhatsApp, the applicant called the informant but the informant did not receive phone calls. The informant transferred the amount of Rs.1.00 Lakh to the account of accused No.6-Vijay Mhatre. The informant received a threat call from accused No.2 to end his life as the murderer of Ashok Gharat. The informant, therefore, lodged a report.

(3.) The applicant applied for anticipatory bail under Sec. 438 of the Criminal Procedure Code, 1973, before the Sessions Judge, which has been rejected by an order dtd. 19/1/2023. Aggrieved thereby, the applicant has filed present application.