Mumbai, Maharashtra – November 5, 2022 – An MCOCA Special Judge in Greater Mumbai, Shri A.M. Patil (C.R. No. 57), today rejected the temporary bail application of Altaf Patel, a 43-year-old businessman currently lodged in Lajpore Central Prison, Surat. Patel sought temporary bail to facilitate his daughter’s travel to Japan for an international competition, but the court found his reasons insufficient given the ongoing investigation into serious organized crime charges.

Patel is in judicial custody in connection with C.R. No. 900/2022 registered at Pydhonie Police Station, facing charges under Sections 387 (putting person in fear of death or grievous hurt, in order to commit extortion), 120B (criminal conspiracy), 506(2) (criminal intimidation) read with 34 (common intention) of the Indian Penal Code, and Sections 3(1) and 3(2) of the Maharashtra Control of Organized Crime Act (MCOCA).

Applicant’s Plea for Daughter’s Travel:

Represented by Advocate Mr. Ameer Koradia, Altaf Patel requested temporary bail, pledging to abide by all court-imposed conditions. His primary reason for seeking release was to physically bring his daughter to Mumbai to complete formalities for her flight to Japan on November 10, 2022. His daughter is slated to represent India in the “Asia Cup” competition, departing from Mumbai.

Prosecution Opposes, Cites Ongoing Probe:

Special Public Prosecutor (SPP) Mr. Soshte strongly opposed the application. He emphasized that the investigation in the crime is ongoing, raising concerns about the possibility of tampering with witnesses if the applicant were released.

Mr. Soshte further argued that Patel’s wife or other relatives could easily complete the necessary formalities for his daughter’s travel, negating the need for his personal presence. He also differentiated this case from a temporary bail granted to Patel by the Gujarat High Court in another offense, noting that the Gujarat case involved a different ground (financial arrangements) and that a charge-sheet had already been filed there. In contrast, the current application was filed during the remand stage, heightening the apprehension of witness tampering and intimidation.

Court’s Reasoning:

Special Judge A.M. Patil considered the application, the prosecution’s reply, and the documents on record. The court recalled that on an earlier occasion, specifically October 21, 2022, Patel had already been permitted to visit the VISA office under police escort to complete VISA formalities.

Upon reviewing the grounds presented, the court found “no substance” in Patel’s request to personally bring his daughter to Mumbai. The Judge noted that the “wife of the applicant or other relatives can bring her to Mumbai.”

The court’s order highlighted the ongoing investigation and the potential for the accused to influence witnesses. Given these concerns, and finding the specific ground for temporary bail “devoid of merit,” the application was rejected.

ORDER:

“Criminal Bail Application No. 702 of 2022 is rejected and disposed off accordingly.”