MANOJ PRABHAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These are applications filed Under Section 438 of the Cr.P.C. seeking directions that in the event of arrest, the applicants may be released on bail.

(2.) The incident giving rise to the applications is said to have occurred between 30.6.2009 and 1.7.2009. It appears that one Purshottam Patel, a contractor, had lodged a report against Dr. Uttam Dhana Mahajan, pertaining to alleged defrauding in respect of certain amounts which were payable to him. It was alleged by said complainant Purshottam that he was duped and cheated by said Dr. Uttam Mahajan. In pursuance to the said complaint, applicant No. 1 Manoj, who was then the Additional Superintendent of Police at Chalisgaon, called Dr. Uttam Mahajan, in his office around 10/10-30 a.m. on 30.6.2009. The applicant Manoj deputed PSI Nimbalkar to call said Dr. Uttam Mahajan. Allegedly, Dr. Uttam Mahajan is member of Congress Party and was about to proceed to attend some rally or function at Nasik along with some other co-workers. He was taken on motor cycle by PSI Nimbalkar to the office of applicant Manoj. The applicant Manoj confronted him with the complaint application of Purshottam Patel and told him that some inquiry was to be conducted. He asked Dr. Uttam Mahajan to request the political party co-workers, who lateron came there, to proceed to Nasik and accordingly they left for Nasik, whereas Dr. Uttam Mahajan remained behind.

(3.) The allegations would show that applicant Manoj threatened Dr. Uttam Mahajan to settle the matter regarding monetary dispute between himself and complainant Purshottam Patel. Intermittently, he was asked to shell out the money for settlement of the said dispute. However, the victim (Dr. Uttam) expressed inability to pay. After some talks and interrogation, another applicant-Dhiraj Yeole, arrived at the office of the Additional Superintendent of Police. He asked the victim whether should he intervene. Thereafter, he urged applicant Manoj to release the victim. There was a demand of ransom of Rs. 60,00,000/-(Rupees sixty lacs) which ultimately was reduced due to intervention of applicant Dhiraj Yeole. Allegedly, the matter was settled when the victim agreed to issue cheques in respect of the amounts payable to complainant Purshottam Patel along with the demanded amount of Rs. 25,00,000/-(Rupees twenty five lacs) payable to applicant Manoj. The amount of Rs. 25,00,000/( Rupees twenty five lacs) was not available with the victim. The victim contacted his father-inlaw on cell phone and thereafter it was assured that the amount would be paid in the next morning. The applicant - Dhiraj Yeole was the middleman and allegedly remained as surety for such payment. The victim was taken to house of a relative applicant Dhiraj in the evening and in company of PSI Nimbalkar, who was deputed to keep vigil. At odd hours of the night, the victim was shifted from house of the relative of applicant Dhiraj to his own house. The victim was not allowed to go anywhere. In the next morning, the victim was found moving on terrace of that house. His son arrived at the place along with the father-in-law to whom the information was given on the earlier day. They had some talk. Since the victim was under custody of applicant Dhiraj and PSI Nimbalkar, who was armed with a revolver, the son of the victim sent a fax letter to the Superintendent of Police, Jalgaon about the whole episode alleging that amount of Rs. 21,00,000/ (Rupees twenty one lacs) was demanded for payment to be made to said Purshottam Patel and the victim was put under duress to issue cheques for such amount. The victim was thereafter called at office of applicant-Manoj and was released around mid-day.