1 Cri.Bail Application No.

2504/2023
Shafi Pathan and others -vs- State of Maharashtra.
(CNR No.MHPU01-007157-2023)

ORDER BELOW EXH.01

(Passed on 04/05/2023)

The Applicants No.(1) Shafi Pathan @ Shafi

Gulzarkhan Pathan, (2) Sameer Pathan @ Sameer Shafi Pathan
and (3) Sajid @ Shajid Hasan Shaikh, filed this anticipatory bail
application as per Section 438 of the Code of Criminal
Procedure. They submitted that, they are under apprehension
of arrest in Crime No.378/2023 registered at Kondhwa Police
Station, for the offences under Sections 384, 506 r/w 34 of
Indian Penal Code. They submitted that, they are innocent and
falsely implicated in this case.

2. They further submitted that, F.I.R. does not show

any connection of the Applicants with the alleged crime. There
is no prima-facie case against the Applicants. The matter is of
civil dispute nature. Applicants never asked for money from the
Complainant.

3. On notice, Ld. A.P.P. appeared for Respondent/

Prosecution along-with say at Exh.05. The Prosecution has
strongly opposed the bail application. According to the
Prosecution, during the period January 2022 to 09/04/2023
when the construction work on the land of Devidas Rajaram
Sontakke on joint venture was going on, the Applicants Shafi
Pathan and Sameer Pathan demanded cash amount of
 2 Cri.Bail Application No.2504/2023
Shafi Pathan and others -vs- State of Maharashtra.
(CNR No.MHPU01-007157-2023)

Rs.30,00,000/- for continuation of the construction work and

after adjustment, they demanded Rs.15,00,000/- in cash for
Shafi Pathan and one flat of 02 Bhk for Alauddin Masjid and
Rs.10,00,000/- cash amount for Sameer Pathan. The
Prosecution submitted that the offence is of serious nature and
there is possibility of tampering and threat to the Complainant
and witnesses.

4. The original Complainant also appeared suo motto

with his Ld. Counsel and submitted say Exh.09. Thereby he
submitted that by the indirect way from other persons, the
Applicants used to give threat to him and to his family
members. The investigation is pending, offence is of serious
nature.

5. Heard Ld. Counsel for the Applicants, Ld. A.P.P. for

the Prosecution and Ld. Counsel for the original Complainant.
Perused police case diary papers produced by the Prosecution.
Also the Applicants produced some documents including the
copies of newspaper matters along-with application Exh.11.

6. As per the copy of F.I.R., it shows that in October

2021 one Irshad Shaikh has introduced Devidas Rajaram
Sontakke with the Complainant and then the construction work
on the land of Devidas Sontakke was started by the
Complainant in joint venture. Then in January 2022 Applicant
 3 Cri.Bail Application No.2504/2023
Shafi Pathan and others -vs- State of Maharashtra.
(CNR No.MHPU01-007157-2023)

Shafi Pathan gave threat and demanded Rs.40,00,000/- and by

the intervention of Irshad, the amount of demand was settled
for Rs.30,00,000/-. Then on 17/01/2022 Irshad went to the
office of Applicant Shafi Pathan and after returning back told to
the Complainant that the another plot of Sontakke shall be
given to the Applicant Shafi Pathan in low cost and also gave
threat of stopping the construction work or the Complainant
shall give Rs.30,00,000/-. The same incident of talking was
occurred on 21/12/2022. At last as per negotiation on
03/04/2023, Shafi Pathan and Sameer Pathan told to pay
Rs.15,00,000/- to Shafi Pathan, one flat of 02 Bhk to Alauddin
Masjid and Rs.10,00,000/- in cash to Sameer Pathan or they
will stop the construction work.

7. From the police papers, it shows that police

recorded statements of Devidas Sontakke, Irshad Shaikh and
Mazhar Inamdar and they also stated the same facts of
demanding money by giving threat of stopping the construction
work of Complainant by the Applicants.

8. So far as the anticipatory bail, Court is required to

see the nature and gravity of accusation, seriousness and
sensitivity of the incident and the antecedents of the Applicants.
In the present matter, police registered the offences under
Sections 384, 506 r/w 34 of I.P.C. So far as offence under
Section 384 of I.P.C., the punishment is for imprisonment upto
 4 Cri.Bail Application No.2504/2023
Shafi Pathan and others -vs- State of Maharashtra.
(CNR No.MHPU01-007157-2023)

three years. So far as offence under Section 506 of I.P.C. for the
part 1, the punishment is imprisonment upto two years and for
2nd part, the punishment is imprisonment upto seven years.
However, for the purpose of part 2, the requirement is that there
must be threat of causing death or grievous hurt. In the present
matter, say of Complainant is that the Applicants orally
demanded the cash amount and flat of 02 Bhk by giving threat
of stopping the construction work. Considering the above
quantum of imprisonment for the above offences as per Section
41-A of Cr.P.C. and as per directions of Hon’ble Supreme Court
in case of Arnesh Kumar -vs- State of Bihar, (2014) 8 SC 273 and other
subsequent citations, the police is required to issue notice to the
accused person before arrest and call them to co-operate for the
investigation or to give reasons why police are not inclined to
issue notice.

9. In the present matter, police papers shows that

except the oral statements of the above witnesses and
Complainant, police have not collected any evidence as to
whether practically the Applicants stopped the construction
work of Complainant. Also police have not issued notice under
Section 41-A of Cr.P.C. till now nor stated any necessary reasons
as to why notice under Section 41-A of Cr.P.C. is not issued to
the Applicants though the offence is punishable with
imprisonment upto seven years only. Also police papers does
not show use of any deadly weapon or causing of injury to any
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Shafi Pathan and others -vs- State of Maharashtra.
(CNR No.MHPU01-007157-2023)

person by the Applicants. In the say, the prosecution submitted

that there is possibility of giving threat to the Complainant and
witnesses. However, the Prosecution case itself is that already
the Applicants gave threat of stopping of work, but Prosecution
say does not show any further action on part of the Applicants.
The Complainant stated that the Applicants are giving threat
through other persons, but he has not stated name of that
persons nor he has stated any specific incident of severe nature
of threat in that regard.

10. In such circumstances, at this juncture, the

Applicants are entitled for anticipatory bail for limited period
with the condition of continuation of same, if the Prosecution or
original Complainant failed to apply for cancellation of the same
by showing aggravated form of the future act of the Applicants
or non co-operation of them to the Investigating Officer. Hence,
the following order.
ORDER
1. The Cri.Bail Application No.2504/2023 is allowed
till the limited period upto 23/05/2023 on
following conditions.

2. In the event of arrest, in Crime No.378/2023

registered at Kondhwa Police Station, for the
offences under Sections 384, 506 r/w 34 of Indian
Penal Code, the Applicants No.(1) Shafi Pathan @
 6 Cri.Bail Application No.2504/2023
Shafi Pathan and others -vs- State of Maharashtra.
(CNR No.MHPU01-007157-2023)

Shafi Gulzarkhan Pathan, (2) Sameer Pathan @

Sameer Shafi Pathan and (3) Sajid @ Shajid Hasan
Shaikh, be released on executing P.R. bond of
Rs.30,000/- each with one or more sureties in like
amount.

3. After releasing on bail, Applicants shall not

made any attempt or shall not try to contact with
the Complainant and Prosecution witnesses.

4. The Applicants shall co-operate the Investigating

Officer in investigation.

5. The Applicants shall not tamper with the

Prosecution witnesses in any manner.

6. The Applicants shall not leave India without the

prior permission of the Court.

7. In the event of not submitting any application for

cancellation of anticipatory bail by the Prosecution
or by the original Complainant before dated
23/05/2023, the above anticipatory bail order shall
be deemed to be confirmed.

8. Inform to concern Police Station accordingly.

Pune. (G.A. Ramteke)

Date : 04/05/2023 Addl.Sessions Judge, Pune.
 7 Cri.Bail Application No.2504/2023
Shafi Pathan and others -vs- State of Maharashtra.
(CNR No.MHPU01-007157-2023)

“I affirm that the contents of this P.D.F file Order are same word
for word as per original Order.
Name of the Steno : Smt. K.S.Tambe
Stenographer (Grade I)
Court Name : Addl. Sessions Judge, Pune.
Date : 04/05/2023
Order signed by presiding officer on : 04/05/2023
Order uploaded on : 06/05/2023.”