Cri.BA.No.645-2024
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MHCC020041582024
Presented on
Registered on
Decided on
Duration
: 11-03-2024
: 11-03-2024
: 30-03-2024
: 0 years, 0 months, 19 days
IN THE COURT OF SESSIONS AT GREATER BOMBAY
BAIL APPLICATION NO.645 OF 2024
IN
ECIR/MBZO-I/38/2020
Hiren Ramesh Bhagat
Age-50 years, Occupation-Business,
701, Shimira Apartments, 16th Road,
Khar, Mumbai-400 052.

.. Applicant/Accused.

VERSUS
The State of Maharashtra
(Through Bandra Police Station
and also D.C.B. C.I.D. Unit-IX).

.. Respondent.

Appearance :Advocate Mr. Jugal Kanani for the Applicant/Accused.
APP Mr. Iqbal Solkar for the Respondent/State.
CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
Court Room No.30.
Dated: 30th March, 2024.
ORDER
This is an application filed by the applicant/accused under
Section 439 of Criminal Procedure Code for releasing him on bail in
connection with crime registered at CR.No.17 of 2024 by D.C.B. C.I.D.

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Unit-IX,SBI CID (corresponding CR.No.263/2024, registered with
Bandra Police Station) for the commission of offences punishable under
Sections 120-B, 386 and 506(ii) of the Indian Penal Code, 1860, (for
short, ‘I.P.C.’).
2.

Heard the Advocate Mr. Jugal Kanani for the applicant/accused
and APP Mr. Iqbal Solkar for the State. Perused the record of the case.
3.

It is the case of the prosecution that pursuant to a complaint
lodged by one Mr. Tarachand Mulchand Varma, crime is registered
under Sections 170, 386, 506(ii) of the I.P.C.

The said Tarachand
Varma lodged report that in the year 2018, he came in contact with the
applicant/accused, introduced himself as Senior Officer of Directorate
of Enforcement department (for short, ‘E.D.’). The said E.D. had taken
action against the M/s. Cox and Kings Ltd. and the informant’s son was
also facing the prosecution therein.

The applicant induced the
informant that he will help the informant to release his son Peter from
the said action taken by E.D. In the said proceedings the properties of
the informant’s family were attached and seized. The applicant assured
him that he will help the informant to release the said properties. For
the said work the applicant demanded an amount from the informant.
Thereafter, the applicant started to threat the informant that if he did
not pay money to the applicant, he would misuse his influence with
E.D. and ensured that the informant son Peter to continue remain in
custody for long time. The informant transferred Rs.9,25,00,000/- to
the bank account of Tulip Hotels, the entity owned by Peter Kerkar. Out
of which Rs.6,25,00,000/- and thereafter Rs.3,00,00,000/- were
withdrawn from the said bank and paid in cash to the applicant. When
nothing was happened from the applicant, the informant stopped to
Cri.BA.No.645-2024
pay the amount.

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Thereafter, the applicant met the informant and
showed pistol to him and threatened him with life.

Therefore, the
informant paid Rs.3,00,00,000/- to the applicant/accused.

He also
gifted wrist watch of Rs.75 Lakhs to the informant. It is alleged that
the informant on the demand of the applicant has paid amount of
extortion to the applicant.

Accordingly, the report is lodged and
offence is registered.
4.

The learned Advocate for the applicant disputed the facts and
applicability of Section under which offences is registered. He relied
upon the various documents including E.D. proceedings and Criminal
Revision Application No.454 of 2022. The facts in FIR disclose that the
applicant has induced the informant with impersonation stating that he
is the officer of E.D. and on the assurance that he will help the
informant to release his son from the prosecution, he asked the
informant to pay the amount. Later on when the informant denied to
pay further amount the applicant has threatened the informant. The
specific incident he stated in the report is that at opposite to Metro
Cinema the applicant by showing pistol threatened the informant to kill
if he fails to pay the amount. Thereafter, the applicant has accepted the
amount of Rs.3 Crores from the informant. He also accepted wrist
watch of Rs.75 Lakhs. There are substantial and material allegations
against the applicant. The investigation in the offence is in progress.
The statement of some witnesses are being recorded.

The
applicant/accused has impersonated himself as officer of E.D.
According
to
the
prosecution
it
is
modus
operandi
of
the
applicant/accused to extort money from the persons, by giving threat of
prosecution. The Investigating Officer submits that huge amount is
recovered form the premises of the accused. As aforesaid investigation
Cri.BA.No.645-2024
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is in progress at this prima facie stage the applicant if released on bail,
it will hamper the investigation. There will be serious threat to the
prosecution witnesses. There are chances of tampering of prosecution
witnesses. Hence, in my view the applicant is not entitled for the bail.
In the result, I pass the following order.
Order
Criminal Bail Application No.645 of 2024 is rejected and
disposed off accordingly.
Date : 30.03.2024.

Dictated on
Transcribe on
Draft corrected on
Signed by HHJ on
: 30.03.2024
: 01.04.2024
: 02.04.2024
: 02.04.2024
( Rajesh A. Sasne )
Additional Sessions Judge,
Gr. Mumbai.

Cri.BA.No.645-2024
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED ORDER.”
02.04.2024
3.29p.m.

UPLOAD DATE
TIME
Mrs. Pradnya S. Naik
NAME OF STENOGRAPHER
Name of the Judge (With Court Room H. H. Additional Sessions Judge Shri.
No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER
30/03/2024
ORDER signed by P.O. on
02.04.2024
ORDER uploaded on
02.04.2024