Javed Akhtar Basiulla Ansari vs The State Of Maharashtra
2017 Latest Caselaw 2115 Bom

                                                                                 14. cri appa 499-17.doc


RMA      
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                              CRIMINAL APPLICATION NO. 499 OF 2017
                                               IN
                                CRIMINAL APPEAL NO. 296 OF 2017


            Javed Akhtar Basiulla Ansari                                  .. Applicant

                                 Versus
            The State of Maharashtra                                      .. Respondent

                                                  ...................
            Appearances
            Mr. B.A. Lawate   Advocate for the Applicant
            Mrs. G.P. Mulekar APP for the State
                                                   ...................



                              CORAM       : SMT. V.K. TAHILRAMANI &
                                              M.S. KARNIK, JJ.

DATE : MAY 2, 2017.

ORAL ORDER [PER SMT. V.K. TAHILRAMANI, J.] :

1. Heard both sides.

2. The applicant has been convicted under Sections

364(A) and 386 of IPC. For the offence under Section 364(A)

of IPC, he is sentenced to life imprisonment. The applicant is

now seeking bail.

            jfoanz vkacsjdj                                                                    1 of 3





                                                                  14. cri appa 499-17.doc

3. It is the prosecution case that the applicant kidnapped

PW 4 Vikaskumar and one another person and demanded

ransom of Rs. 20,000/-. PW 4 Vikaskumar has been

examined. He has stated that the applicant kidnapped them.

The applicant and other accused took him near a tree. The

accused persons were armed with country made revolver

and knife. They demanded Rs. 20,000/- and gave threats of

killing them if the amount is not paid to them. The accused

made call to Uday (PW 1) by taking the mobile of Ramesh

(PW 6). Ramesh talked with Uday and he informed Uday

about kidnapping. Ramesh told him to bring Rs. 15,000/-

near Sagar Plaza Hotel in a galli. Uday came to the spot

within two hours. Police were with him. The police had

arranged a trap and the applicant was arrested at the spot.

Thus, the applicant was caught red handed on the spot by

the police. The evidence of PW 1 Uday and PW 6 Ramesh

also corroborates the evidence of PW 4 Vikaskumar.

jfoanz vkacsjdj                                                                2 of 3





                                                            14. cri appa 499-17.doc

4. Kidnapping is a serious offence, hence, it is not a fit

case to grant bail. In addition, learned APP pointed out that

the applicant is involved in five other cases. Three of the

cases are under the Arms Act and two of the cases are of

robbery. The cases relating to robbery are C.R. No.

201/2012 of Nizampura Police Station, Bhiwandi and C.R. No.

308 of 2010 of Shanti Nagar Police Station, Thane. The other

cases are of Bhiwandi City Police Station and Shanti Nagar

Police Station. Learned APP submitted that after the

applicant was granted bail in above five cases, he has

committed the present offence. Looking to these facts, we

are not inclined to grant bail. Hence, the application for bail

is rejected. However, hearing of the appeal is expedited.

[ M.S. KARNIK, J. ]                   [ SMT. V.K. TAHILRAMANI, J. ]




jfoanz vkacsjdj                                                          3 of 3