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B.A.644/24
MHCC020041572024
Presented on
Registered on
Decided on
Duration
: 11-03-2024
: 11-03-2024
: 27-03-2024
: 0 years, 0 months, 16 days
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.644 OF 2024
Hiren Ramesh Bhagat
Age: 50 years, Occupation:Business
701, Shimira Apartments, 16th Road,
Khar, Mumbai 400 052.

… Applicant
– Versus The State of Maharashtra
(Through Bandra Police Station
CR No.109/2024 and also CR No.09/2024
of D.C.B. C.I.D. Unit-IX)
.… Respondent
Appearance :Advocate Jugal Kanani for the applicant.
APP Iqbal Solkar for the respondent / State
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 27/03/2024
ORDER
This is bail application by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.09/2024
registered
with
DCB
CID,
Unit-9,
Mumbai
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B.A.644/24
(Corresponding C.R.No.109/2024, Bandra Police Station) for the
commission of offences punishable u/sec. 386, 387, 506(II), 120-B of
The Indian Penal Code.
2.

It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. Applicant is not named in the
said FIR and was only later arraigned as an accused. The principal
accused-Satish Dhanuka has been granted interim pre-arrest bail by this
Court on 29/01/2024. The respondent has collected and seized assets
from the present applicant to the tune of Rs.13 crores. Applicant is
ready to co-operate with the investigation agency. Therefore, there is no
point in keeping accused behind bars. He is a permanent resident of his
given address therefore,the applicant has prayed for releasing him on
bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that the crime is
serious. The applicant is using SIM card of Australian company. The
present applicant along with his associates demanded extortion money
of Rs.164 crores from the informant. The investigation is under process.
The applicant has purchased various properties in different parts of
India. An amount of Rs.8.20 lacs have been recovered at the instance of
the applicant. It is the contention of the prosecution that if the applicant
is released on bail it will affect on the collection of evidence. If the
applicant is released on bail there are chances of flee away from justice.
If the applicant is released on bail there are chances of threatening of
prosecution witnesses and tampering of prosecution evidence. Hence,
prosecution prayed for rejection of the application.

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4.

B.A.644/24
Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant, ld. APP for the respondent / State.
5.

I have gone through the documents on record. It is the case
of the prosecution that the informant is in the business of construction.
The accused Satish Dhanuka is the proprietor of M/s. Satish Enterprises
and is also in the business of real estate. One Ambedkar Nagar
Cooperative Society had entered into agreement with the firm of
accused-Satish Dhanuka. There was agreement between the accused
Satish Dhanuka and the informant. It was agreed to pay sum of
Rs.41,00,75,000/- to the accused Satish Dhanuka, out of which only
Rs.8.10 crores was paid by the informant’s company to the accused
Satish Dhanuka. Said development proposal was terminated by the said
Co-operative Society. Deed of cancellation was executed. Thereafter said
Ambedkar Nagar Cooperative society approached to the first informant
for re-development. Around 15 to 20 days before the present FIR the
informant came to know about the complaint lodged against him by the
accused Satish Dhanuka at economic offences wing Mumbai. It is
further allegation in the report that on 06.01.2024 at about 9.00 p.m.
the first informant received WhatsApp call of unknown person asking to
settle the dispute pending with the accused Satish Dhanuka otherwise
informant will be required to face E.D. proceeding.
6.

It is further alleged in the FIR that on 07.01.2024 the
informant’s friend Mr. Pankaj called him and informed that ED is likely
to start proceeding against him and therefore the informant should talk
to Pankaj’s friend Mr. Sandeep. Thereafter, there was conference call
between them. Said Sandeep represented that he had contact with E.D.
Officers and he will arrange the meeting. Accordingly, the meeting was
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B.A.644/24
scheduled on 10.01.2024 at hotel Trident. The location thereafter was
changed to Starbucks Coffee at Nariman Point. It is alleged that there
were six persons joined the meeting including Satish Dhanuka. It is
alleged that Satish Dhanuka in the said meeting demanded Rs.164
crores by way of extortion. He threatened that if the demand is not
satisfied, the informant will face the consequences. It is alleged that he
threatened to kill the informant. Accordingly, the report is lodged, some
of the accused including the applicant have been arrested.
7.

It is the contention of the prosecution that present
applicant has used same modus operandi to extort out money from
various persons by giving threat of Enforcement Department. According
to the prosecution present accused is also involved in the present crime
with the similar role. The prosecution tried to show that on search of
premises of the accused many suspectable articles including cash,
jewellery and guns are found. Said recovery appears to be not related
to the present crime. It is alleged that huge amount is recovered. It is
the contention of the prosecution that an amount of Rs.8.20 lacs is
recovered.

The prosecution apprehends tampering of evidence.

As
already submitted that chargesheet is filed. Investigation appears to
have been completed. Co-accused are already released on bail. The
offences are not punishable with death or life imprisonment. Bail is the
rule and jail is an exception. Presence of the applicant can be secured
by putting reasonable conditions for attendance.

On the ground of
parity, applicant is also entitled for bail. No criminal antecedents are
reported in the say of the prosecution.
order :
Hence, I pass the following
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B.A.644/24
ORDER
1.

Criminal Bail Application No.644 of 2024 is allowed.

2.

The Applicant / Accused Hiren Ramesh Bhagat, arrested in
C.R.No.09/2024
(Corresponding
C.R.No.109/2024
Bandra
Police
Station), Mumbai under Section 386,387,506(II),120(B) of the Indian
Penal Code, registered with DCB CID Unit-9 be released on bail on
furnishing P.B. and S.B. of Rs.30,000/- with one or two sureties.
3.

The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant / accused shall attend the said police station on 2 nd
Saturday of every month between 11:00 am. to 02:00 p.m. till next
three months.
5.

Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6.

The applicant / accused shall not leave India without prior
permission of the Court.
7.

Bail before the concern Magistrate.

Date : 27/03/2024
Dictated on
Transcribe on
Signed by HHJ on
: 27.03.2024
: 28.03.2024
: 30.03.2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.644/24
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
30/03/2024.

5.00 p.m.

UPLOAD DATE
TIME
Mrs.T.C.Kamble
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 27/03/2024
ORDER signed by P.O. on
30/03/2024
ORDER uploaded on
30/03/2024