STATE OF MAHARASHTRA Vs. MOHD. SHAKIL MOHD. ALI

JUDGEMENT

(1.) Despite the service of notice and execution of the Bailable Warrant, the Non-applicant Nos. 1 to 3 failed to appear before this Court.

(2.) Rule. Rule made returnable forthwith. Heard finally by the consent of learned APP for the Applicant/State and learned Counsel for the Non-applicant No.4.

(3.) The present Application is filed by the State seeking cancellation of bail granted to the present Non-applicant Nos. 2 to 4 in connection with Crime No.144/2023 registered under Ss. 386, 387, 504, 506(2) r/w Sec. 34 of the Indian Penal Code (for short "IPC"). The crime was registered against the present Non-applicants on the basis of the report lodged by Tahir Hussain Mohd. Salim on an allegation that on 16/7/2019 at around 5.30. p.m, when he was sitting in Raja Restaurant and Bhojnalaya, the present Non-applicants came there holding swords in their hands and threatened him and forcefully obtained the amount of Rs.3,000.00 and he immediately lodged the report vide Crime No.352/2019 under Ss. 395, 452, 294 and 427 of IPC alongwith Ss. 4 and 25 of the Arms Act and Sec. 135 of the Maharashtra Police Act. Subsequent to the said incident, on 17/4/2023 at around 08.30. p.m., when he was sitting in his hotel, the present Non-applicants again came to his hotel and forcefully extorted the money i.e. Rs.5,000.00 from him by threatening him and insisted him to close the hotel. On the basis of the said report Police have registered the crime against the present Non-applicants.