SHASHIL KUMAR SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS applications moved for anticipatory bail under section 438 of Code of Criminal Procedure. One Mohammad Aslam Ashraf Quershi has given a complaint against the applicant/accused and co -accused on 13th December 2013 that there is a demand of illegal gratification by two Corporation officers, namely, Sunil Yadav and Ashok Tiwari. The applicant/accused, who is the editor of one newspaper has abated both the Corporation officers in demanding bribe for not taking any action against unauthorized construction of the complainant.

(2.) IT is the case of the prosecution that when the complainant was constructing the building at Bhayander in August, 2013, the applicant/accused, who is an editor of the local newspaper, approached him and demanded Rs.20,000/ - for not publishing the news of this unauthorized construction. The complainant refused to pay the said amount. Thereafter, the applicant/accused published the news of unauthorized construction by the complainant in his newspaper on 2nd September, 2013. Mr. Sunil Yadav, officer from thej Bhayarider Municipal Corporation contacted the complainant and questioned him about the construction. It is the case of the complainant that many persons in the vicinity have carried put the construction without obtaining any official permission and therefore, the complainant did not obtain permission. Mr. Sunil Yaday, Corporation Officer called him in the office along with the documents and demanded money from him for not taking any action and regularizing the construction. It is the case of the complainant that Officer Mr. Yadav demanded money for himself and also for applicant/accused for shutting his mouth. He demanded money of Rs.3,20,000/ - and then it was settled for Rs. 1,50,000/ -. The complainant thereafter lodged complaint with Anti Corruption Bureau, Thane Branch. An offence was registered against Sunil Yadav, Ashok Tiwari and applicant/accused.

(3.) THE learned APP opposed the application and submitted report of the police along with the documerits She submitted that an amount of Rs.20,000/ - was demanded by the applicant/accused for not publishing the news. The learned APP pointed out the recorded conversation which was taken place between the Corporation officer Mr. Yadav and the complainant wherein it was stated that an amount was to be given to the applicant/accused.