1
IN THE COURT OF MCOCA SPECIAL JUDGE AT GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.702 OF 2022
IN
REMAND APPLICATION NO.909 OF 2022
Altaf Patel,
aged 43 years, Occ. : Business, R/o. 32-12-5
Kharwa Chawl, L.H. Road, Surat, Gujarat-395 006
(At present lodged in Lajpore Central Prison, Surat
at Gujarat)
… Applicant/accused
Versus
The State of Maharashtra,
(at the instance of DCB-CID, Anti Extortion Cell,
C.R. No.109 of 2022)
…. Respondent
CORAM : HIS HONOUR THE SPECIAL JUDGE,
MCOCA/POTA/TADA/NIA AND ADDL.
SESSIONS JUDGE SHRI A.M. PATIL.
C.R.NO. : 57.
.

DATE
: 05.11.2022.

———————————————————————————————–Adv. Mr. Ameer Koradia for the applicant/accused.
SPP Mr. Soshte for the State/respondent.
————————————————————————————————
1.

ORDER
(DICTATED IN OPEN COURT)
This is an application for grant of temporary bail filed by the
applicant who is in judicial custody in C.R. No.900/2022 of Pydhonie
Police Station for the offences punishable under Sections 387, 120B,
506(2) r/w. 34 and Section 3(1), Section 3(2) of the Maharashtra Control
of Organized Crime Act. The applicant contended that he is ready to abide
all the terms and conditions which may be imposed by this Court. He
further contended that he has to bring his daughter physically to Mumbai
2
and complete the formalities to hand over his daughter to the authorities
of the Asia Cup at Mumbai as his daughter is to fly to Japan from Mumbai
on 10.11.2022 to represent India.
2.

On the other hand learned SPP Shri Soshte filed his say and strongly
opposed the application on the ground that investigation is going on in
this crime and therefore, there is possibility of tampering of the witnesses.
He further submitted that wife of the applicant may complete necessary
formalities. He further argued that in the offence registered at Gujarat, the
Investigation Agency has filed charge-sheet and therefore, the Hon’ble
Gujarat High Court has granted temporary bail. But, in the present case,
the application is preferred in remand application and therefore, there is
apprehension of tampering and threatening to the witnesses. Hence, he
prayed to reject the application.
3.

Perused application, say and documents on record. It is seen that on
the earlier occasion, the applicant was permitted to visit VISA office for
completing formalities of VISA in presence of Police Escort. That order was
passed by this Court on 21.10.2022.
4.

Upon perusal of order of the Hon’ble Gujarat High Court, the
ground raised there by the applicant is different i.e. for making financial
arrangment for his family members. In the present application, the ground
of applicant is different. So far as bringing of daughter physically to
Mumbai is concerned, the wife of the applicant or other relatives can bring
her to Mumbai and therefore, no substance is found in the ground raised
by the applicant. In such circumstances, application is devoid of merit and
it needs to be rejected.

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ORDER
Criminal Bail Application no.702 of 2022 is rejected
and disposed off accordingly.

DATE : 05.11.2022
Digitally signed
by ASHISH
MANOHARRAO
ASHISH
PATIL
MANOHARRAO
Date:
PATIL
2022.11.05
17:24:39
+0530
(A.M. PATIL)
SPECIAL JUDGE
MCOCA/POTA/TADA/NIA
AND ADDL. SESSIONS JUDGE
GREATER MUMBAI.

Dictated and typed on : 05.11.2022.
Signed on
: 05.11.2022.

“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
DATE : 05.11.2022, AT 05:30 P.M.

MAHESH KESHAV SAKHARKAR
STENOGRAPHER GRADE-I
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
Name of the Judge (with Court no.)

: SHRI A.M. PATIL. C.R.NO.57.

Date of pronouncement of judgment/order : 05.11.2022.

Judgment/order signed by the P.O. on
: 05.11.2022.

Judgment/order uploaded on
: 05.11.2022, AT 05:30 P.M.