Bombay High Court
Burzin Daruwalla vs The State Of Maharashtra on 28 October, 2020
Author: Sandeep K. Shinde
Bench: Sandeep K. Shinde
5-ABA-754-
2020.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANT. BAIL APPLICATION NO.754 OF 2020
Burzin Daruwalla ... Applicant
Vs
The State of Maharashtra ... Respondents
...
Ms. M.J.Reena Rollan i/by Mr. Manish M. Rathod for the Applicant.
Mr. Subhash Nalavade for Intervenor. Mrs. Veera Shinde, APP for the Respondent-State.
CORAM : SANDEEP K. SHINDE J.
DATE : 28th OCTOBER, 2020.
P.C. :
Applicant is directed to implead complainant as party respondent. Amendment to be carried out before the returnable date. Learned counsel for applicant shall also serve added respondent (complainant) well before the returnable date.
2 Heard.
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5-ABA-754-
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3 At the outset, learned counsel for the
complainant seeks time to fle reply. Time granted.
Stand over to 6th November, 2020. 4 Applicant is apprehending arrest in connection with Crime No.309 of 2020 for the ofences punishable under Sections 406, 420 of the Indian Penal Code, 1860 and Section 3 of the Maharashtra Prevention and Eradication of Human Sacrifce and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013 (In short 'Black Magic Act') on a complaint by one Sarika Samanta. 5 It is complainant's case that applicant from time to time persuaded her to part with sum of Rs.74 Lakhs to enable him to practise sorcery (black magic) through one person by name Sanjay Chaube. It is complainant's case that applicant cheated on her on the false pretext of Shivgan 2/6 ::: Uploaded on - 29/10/2020 ::: Downloaded on - 30/10/2020 01:32:53 ::: 5-ABA-754- 2020.odt knowing well since inception that practising sorcery would not yield any result. On these revelations, subject crime came to be registered.
6 Learned counsel for applicant would contend that complainant had advanced Rs.74 Lakhs to the applicant since 2015 to assist him in his business and he had repaid the amount approximately Rs.60 Lakhs by cash. It may be stated that complainant had paid Rs.74 Lakhs to the applicant through bank. Applicant is businessman and therefore, no prudent person would pay such huge amount by cash when he had received the same in the form of loan or assistance through the bank.
7 Be that as it may, it appears till date prosecution could not identify a person by name Sanjay Chaube, who was supposed to perform black magic to resolve the family issues/problems of the complainant. Prosecution, therefore, Shivgan 3/6 ::: Uploaded on - 29/10/2020 ::: Downloaded on - 30/10/2020 01:32:53 ::: 5-ABA-754- 2020.odt seeks time.
8 Learned counsel for applicant voluntarily submits that applicant is willing to deposit Rs.20 Lakhs to show his bonafdes. It is further submitted that applicant shall deposit Rs.10 Lakhs within two weeks from today and balance within two weeks therefrom. Statement is accepted.
9 In view of the submissions made by the respective counsel, place this application on 4 th November, 2020 for further consideration. 10 In the meantime, complainant shall fle afdavit- in-reply.
11 Till then, in the event of arrest of the applicant in Crime No. 309 of 2020 registered with Ambernath (West) Police Station, he shall be released on executing PR bond Shivgan 4/6 ::: Uploaded on - 29/10/2020 ::: Downloaded on - 30/10/2020 01:32:53 ::: 5-ABA-754- 2020.odt for the sum of Rs.30,000/- with one or more sureties in like sum.
12 He shall attend the concerned police station on 31st October, 2nd November, 2020 between 11 a.m. to 1 noon.
13 He shall furnish his permanent residential address and contact number to the Investigating Ofcer and co- operate in the investigation.
14 The applicant shall not tamper with the evidence or attempt to infuence or contact the complainant, witnesses or any person concerned with the case. 16 Stand over to 4th November, 2020 for further consideration.
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