Bombay High Court
Javed Akhtar Basiulla Ansari vs The State Of Maharashtra on 2 May, 2017
Author: V.K. Tahilramani
Bench: V.K. Tahilramani, M.S. Karnik
14. cri appa 499-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 499 OF 2017
IN
CRIMINAL APPEAL NO. 296 OF 2017
Javed Akhtar Basiulla Ansari .. Applicant
Versus
The State of Maharashtra .. Respondent
...................
Appearances
Mr. B.A. Lawate Advocate for the Applicant
Mrs. G.P. Mulekar APP for the State
...................
CORAM : SMT. V.K. TAHILRAMANI &
M.S. KARNIK, JJ.
DATE : MAY 2, 2017.
ORAL ORDER [PER SMT. V.K. TAHILRAMANI, J.] :
1. Heard both sides.
2. The applicant has been convicted under Sections 364(A) and 386 of IPC. For the offence under Section 364(A) of IPC, he is sentenced to life imprisonment. The applicant is now seeking bail.
jfoanz vkacsjdj 1 of 3
::: Uploaded on - 03/05/2017 ::: Downloaded on - 04/05/2017 00:32:32 :::
14. cri appa 499-17.doc
3. It is the prosecution case that the applicant kidnapped PW 4 Vikaskumar and one another person and demanded ransom of Rs. 20,000/-. PW 4 Vikaskumar has been examined. He has stated that the applicant kidnapped them. The applicant and other accused took him near a tree. The accused persons were armed with country made revolver and knife. They demanded Rs. 20,000/- and gave threats of killing them if the amount is not paid to them. The accused made call to Uday (PW 1) by taking the mobile of Ramesh (PW 6). Ramesh talked with Uday and he informed Uday about kidnapping. Ramesh told him to bring Rs. 15,000/- near Sagar Plaza Hotel in a galli. Uday came to the spot within two hours. Police were with him. The police had arranged a trap and the applicant was arrested at the spot. Thus, the applicant was caught red handed on the spot by the police. The evidence of PW 1 Uday and PW 6 Ramesh also corroborates the evidence of PW 4 Vikaskumar.
jfoanz vkacsjdj 2 of 3
::: Uploaded on - 03/05/2017 ::: Downloaded on - 04/05/2017 00:32:32 :::
14. cri appa 499-17.doc
4. Kidnapping is a serious offence, hence, it is not a fit case to grant bail. In addition, learned APP pointed out that the applicant is involved in five other cases. Three of the cases are under the Arms Act and two of the cases are of robbery. The cases relating to robbery are C.R. No. 201/2012 of Nizampura Police Station, Bhiwandi and C.R. No. 308 of 2010 of Shanti Nagar Police Station, Thane. The other cases are of Bhiwandi City Police Station and Shanti Nagar Police Station. Learned APP submitted that after the applicant was granted bail in above five cases, he has committed the present offence. Looking to these facts, we are not inclined to grant bail. Hence, the application for bail is rejected. However, hearing of the appeal is expedited.
[ M.S. KARNIK, J. ] [ SMT. V.K. TAHILRAMANI, J. ]
jfoanz vkacsjdj 3 of 3
::: Uploaded on - 03/05/2017 ::: Downloaded on - 04/05/2017 00:32:32 :::