Bombay High Court
Amit Mahender Mirchandani vs The State Of Maharashtra on 16 October, 2021
Author: N. J. Jamadar
Bench: N. J. Jamadar
abast-16144-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION (ST.) NO.16144 OF 2021
Ameet Mahender Mirchandani ...Applicant
vs.
State of Maharashtra ...Respondent
Mr. Mahesh Vishwakarma a/w. Mr. Prateek Mathur and Mr.
Santosh Kadam i/b. P.M.Legal Associates, for the Applicant.
CORAM : N. J. JAMADAR, J.
DATE : OCTOBER 16, 2021
(HOLIDAY COURT)
P.C.:
. The matter is moved today by circulating an urgent praecipe
as the learned Additional Sessions Judge, Pune by an order dated
13th October, 2021 refused to grant ad-interim relief to the
applicant in Criminal Anticipatory Bail Application No.6943 of
2021.
2. The applicant apprehends arrest in C.R. No. 118 of 2021
registered with Vishrambaug police station, Pune for the offences
punishable under sections 385, 387 and 506 read with 34 of
Indian Penal Code, 1860 (the Penal Code).
3. Heard the learned counsel for the applicant.
4. The learned counsel for the applicant submits that the
allegations in the frst information report do not indicate that the
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abast-16144-2021.doc
applicant had either attempted to commit extortion by putting the
frst informant in fear of death or grievous hurt or committed
criminal intimidation. Taking the Court through the allegations in
the frst information report, the learned counsel for the applicant
would urge that, at best, the applicant had introduced Mr. Kiran
Firodiya, the Manager of the frst informant to a person who
allegedly asked the said Manager to convey the demand of Rs. 50
lakhs to the frst informant.
5. I have carefully perused the allegations in the frst
information report.
6. The gravamen of indictment seems to be that the applicant
and co-accused had made a farce that an inquiry was underway
with Income Tax Department and Serious Fraud Investigation
Offce in respect of a loan allegedly availed by the frst informant's
group (PNG Group) from DHLF and demanded money to extricate
the frst informant's group from the said investigation. Evidently,
there are no allegations in the frst information report that the
applicant had either made the demand of money or put the
Manager of the frst informant in fear of death or grievous hurt.
Nor there are allegations to the effect that the applicant
committed criminal intimidation qua the said Manager or the frst
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abast-16144-2021.doc
informant. Primarily, the allegations are against the co-accused
Rupesh Choudhary and Vikas Bhalla. Thus, a prima facie case for
grant of ad-interim protection is made out. Hence, the following
order.
ORDER
1] Issue notice to the respondent returnable on 27 th October, 2021.
2] In the meanwhile, in the event of arrest of the applicant Ameet Mahender Mirchandani, in connection with C.R. No. 118 of 2021 registered with Vishrambaug police station, Pune for the offences punishable under sections 385, 387 and 506 read with 34 of the Penal Code, he be released on bail on furnishing a P.R. Bond in the sum of Rs. 25,000/- and a surety in the like amount. 3] The applicant shall cooperate with the investigating agency and shall appear before the investigating offcer on 20 th and 25th October, 2021 in between 10 am to 12 noon.
4] Parties to act on the digitally signed copy of the order.
(N. J. JAMADAR, J.) Vishal Parekar 3/3