CNR No.MHCC02н014456н2022
IN THE COURT OF SPECIAL JUDGE,
CITY CIVIL AND SESSIONS COURT, GR. BOMBAY
MCOC BAIL APPLICATION NO.684 OF 2022
IN
MCOC R. A. NO.1006 OF 2022
***************************************************************
Ajay Gosalia S/o Himatlal Gosalia
Age : 62 years, Occ : Business
Add: 12, Krishna Heritage, near
Don Bosco School, Borivali West,
Mumbaiн400 092.
Е Applicant/
accused
Vs.
The State of Maharashtra
(Through, DCB CID Police Station, Mumbai
CR No.150/2022 (Vasrsova P.stn. CR No.840/22)
Е Prosecution.
***********************************************************
Advocate Mr. Karnawat i/b Adv. Dinesh Tiwari for applicant/accused
CPP Mr. Jaysingh Desai for Prosecution.
*************************************************************
CORAM : HIS HONOUR THE SPECIAL JUDGE
SHRI. RAJESH J. KATARIYA, (C.R.NO.25)
DATED : 07th NOVEMBER 2022.
**************************************************************
(DICTATED AND PRONOUNCED IN OPEN COURT)
ORAL ORDER
Heard learned advocate Mr. Karnawat for applicant/accused
and Learned CPP Mr. Jaysingh Desai for Prosecution.

MCOC BA 684/22
2.

:2:
Present application is filed by the applicant/accused for
grant of bail in regard to DCB CID C.R. No.150/22. It is the case of the
prosecution that on the basis of report dated 26/09/2022 lodged by the
informant initially CR No.540/2022 for the offences u/s 386, 506 (2),
120(B) r/w 34 of IPC came to be registered at Varsova Police station
against the coнaccused Riyaz Bhati and Salim Qureshi. It is alleged that
informant came in contact with accused Riyaz Bhati. He introduced
informant with accused Salim Fruit as relative of gangster Chota Shakil.
The informant was fond of betting by playing cards. The accused Salim
also used to play cards. They both started plying together in a club.
Initially informant won some game and accused Salim was liable to pay
amount to the informant. The payment was deferred stating that it
would be abjected in future game. After some days accused Salim won
the game and demanded amount of Rs.62 Lakhs from the informant
towards the account of loss of game by the informant. It is alleged that
accused threatened the informant obtained his Car Range Rover bearing
No.MHн01нBYн7120. The value of Car was considered at Rs.30 Lakhs.
The informant was yet to pay Rs.32 Lakhs to the accused Salim. It is
alleged that in the above threat by the accused he paid Rs.7,50,000/н to
the accused. It is alleged that accused Riyaz also gave threats to the
informant. Initially crime was registered against accused Riyaz and
Salim for the offences u/s 386, 506(2) 120(B) r/w 34 of IPC.
Subsequently
prior approval as per section 23 (1)(a) of MCOC Act
came to be granted and provisions of sections 3(1)(ii), 3(2), 3(4) of
MCOC Act came to be added in the crime. During course of
investigation present applicant and other accused were also found
involved in the commission of crime.

MCOC BA 684/22
3.

:3:
Learned Advocate for the applicant submitted that the
applicant has no active role in the crime. The applicant is not benefited
by the amount of Ransom. The Applicant is permanently resident given
address. Noting incrementing was found from the applicant. The
applicant has deep roots in the society and there is no possibility of his
abscondance hence prayed for grant of bail.

4.

Learned SPP oppose the application by filing say at Exh.2. It
is contended that applicant had participation in the commission of
crime. The applicant has criminal antecedents hence prayed for
rejection of the bail application.

5.

Perusal of papers of investigation, there are statements of the
witnesses specially alleging that applicant is related with the gangsters
Chota Rajan, Chota Shakil and Daud. As per prosecution there is
participation of the applicant in the commission of crime. There are
specific allegations made against the applicant in the statements of
witnesses regarding his involvement. The investigation in crime is in
progress. The offences are serious in nature. In view of seriousness of
crime and specific allegations against the applicant, he is not entitled
for grant of bail. Hence, I proceed to pass following order н
ORDER
Bail Application No.684/2022 is rejected and disposed off.

Date : 07.11.2022
(Rajesh J. Katariya)
MCOC Special Judge
City Civil & Sessions Court,
For Greater Bombay
MCOC BA 684/22
:4:
Dictated on : 07.11.2022.
Typed on
: 07.11.2022.
Signed on
: 07.11.2022.

CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDERФ
UPLOAD DATE
07.11.2022.

TIME
NAME OF TYPIST
5.30 pm
Varsha D. Raut
Name of the Judge
Date of Pronouncement of
Judgment/Order.
Judgment/order signed by P.O on
Judgment/order uploaded on
HHJ Shri R.J.KATARIYA
(CR No.25)
07.11.2022.
07.11.2022.
07.11.2022.