ANIS SULTAN TANDELversusTHE STATE OF MAHARASHTRA

                                                                       913-ABA-1415-2026.DOC




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION

                              ANTICIPATORY BAIL APPLICATION NO.1415 OF 2026
                      Anis Sultan Tandel                                   …Applicant
ARJUN                       Versus
VITTHAL               The State of Maharashtra & Anr.                      …Respondents
KUDHEKAR
Digitally signed by
ARJUN VITTHAL
KUDHEKAR
Date: 2026.09.29      Mr. Dinesh Adsule a/w Chinmay Bhole, for the Applicant.
15:06:57 +0530
                      Mr. S. V. Walve, APP, for the Respondent-State.
                      Mr. Mubin Solkar a/w Tahir Hussain, Anas Shaikh, Tahera Qureshi,
                      Hemal Shah & Zahid Burud & Reyden Gonsalves i/b Eventa
                      Gonsalves, for Respondent No.2-First Informant.
                      API Sujit S. Gadade, Revdanda Police Station, District-Raigad,
                      present.


                                            CORAM:       MADHAV J. JAMDAR, J.
                                            DATED:       23 SEPTEMBER 2026
                      PC:-


                      1.      Heard Mr. Adsule, learned Counsel appearing for the

                      Applicant, Mr. Walve, learned APP, for the Respondent-State of

                      Maharashtra and Mr. Solkar, learned Counsel appearing for

                      Respondent No.2-First Informant.


                      2.      By this Anticipatory Bail Application filed under Section 482

                      of the Bharatiya Nagarik Suraksha Sanhita, 2023 , the Applicant is

                      seeking pre-arrest bail in connection with CR No.64 of 2026

                      registered with Revdanda Police Station, District - Raigad, for the




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offences punishable under Sections 308(2), 308(5) and 351(3) of

the Bharatiya Nyaya Sanhita, 2023 (“BNS”).


3.      Mr. Adsule, learned Counsel appearing for the Applicant,

submits that a false FIR has been filed against the Applicant. He

submits that huge land of about 231 acres has been purchased by

one Taijun N. Hassonjee, who is the Chairman and Managing

Director of R. T. Tricon Design & Build Contractors Private Limited.

He submits that the said huge property is agricultural and forest

land and is Government land and, therefore, as the Applicant is

filing various complaints with the authorities, false FIR is lodged.

He submits that as the Applicant has filed various proceedings

including a Public Interest Litigation, a false FIR has been filed

against him. He submits that that even three criminal antecedents

which have been disclosed in the Anticipatory Bail Application are

also false complaints and, therefore, in one CR being CR No.126 of

2017 the Applicant has been acquitted, in CR No.109 of 2018 the

Applicant is not even an Accused and insofar as CR No.37 of 2019

is concerned, the District Court has granted stay. He, therefore,

submits that anticipatory bail be granted.




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4.      On the other hand, Mr. Walve, learned APP, for the

Respondent-State, submits that this is a very serious case where

false complaints/proceedings have been filed and thereafter for

withdrawal of the said complaints/proceedings, huge amount of

Rs.20 Crores was demanded. Out of which, Rs.18 Crores have been

demanded from said R. T. Tricon Design & Build Contractors

Private Limited and Rs.2 Crores have been demanded from the

Original Owners, who have sold the land to said Taijun N.

Hassonjee i.e. the Chairman and Managing Director of the said

Company. He submits that insofar as the said threats and demand

are concerned, material in form of a video is available. Learned

APP tenders the transcript of the said conversation and submits

that even the allegations have also been made against the Judges.

He, therefore, submits that custodial interrogation is absolutely

essential.


5.      Mr. Solkar, learned Counsel appearing for Respondent No.2,

supports the said contention. He submits that the offence has been

registered under Sections 308(2) and 308(5) of BNS and reading

of FIR clearly shows that the offence is made out.




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6.       Before considering the rival contentions, it is necessary to set

out the statement of the First Informant on the basis of which the

FIR has been lodged. The said statement is as under:


        ßvkeps vkj- Vh- Vªk;dWku fM>kbZu vWUM fcYM dWkUVW ªDVlZ izk- fy-] ;k
        daiuhps eq[; dk;kZy; lk[kj Hkou] ufjeu ikWbaZV] eqc    a bZ ;sFks vlwu
        daiuhps v/;{k rStqu gluth gs vkgsr- vkeph daiuh Lor%P;k
        ekyfdP;k egkjk”Vª jkT;kr vlysY;k fofo/k fBdk.kP;k izkWiVhZt fodlhr
        dj.;kps dke djrs- eh daiuhP;k ekyfdP;k fofo/k fBdk.kh vlysY;k
        izWkiVhZtP;k lqj{ksdjhrk useysY;k lqj{kkj{kd ;kaps dkekoj fu;a=.k o
        ns[kjs[k dj.;kps dke djrks- rlsp daiuhps v/;{k rStuq gluth gs eyk
        brj ts lkaxrhy rh dkes eh djhr vlrks- vkeps daiuhP;k ekyfdph
        ekSts ekaMyk- rk- eq#M] ft- jk;xM ;sFks xV ua- 188/4] 188/6/1]
        188/6/2 ¼tquk xV ua- 188@2@v½ v’kh tehu vlwu rsFks uksOgsacj
        2021 iklwu daiuh tehu MsOgyihaxps dke djr vkgs- rsOgkiklwu lnj
        fBdk.kh lqj{ksdjhrk useysY;k lqj{kkj{kd ;kaps dkekoj fu;a=.k o ns[kjs[k
        dj.;kps dke eh djrks- rlsp daiuhps v/;{k rStqu gluth ;kauh eyk
        lnj izWkiVhZP;k vuq”kaxkus r;kj gks.kkjs LFkkuhd iz’u gkrkG.ks] rlsp
        LFkkuhd yksdkalkscrps fyxy fMLI;qV gkrkG.ks] rlsp lnj izkWiVhZP;k
        vuq”kaxkus daiuhP;korhus daiuhpk izfrfu/kh Eg.kwu ppsZr Hkkx ?ks.ks o
        R;kckcr daiuhps v/;{k fdaok brj ofj”Bkauk R;kph osGksoG s h ekfgrh ns.ks
        bR;knh dkes eh djr vlrks-
        ekSts ekaMyk ;sFks daiuhP;k ekydhP;k lnj tehu MsOgyihaxps dke pkyw
        >kY;kuarj lq#okrhP;k dkGkiklwu ekaMyk ;sFkhy LFkkuhd jfgoklh vful
        lqyrku rkaMsy ;kus vkeP;k daiuhP;k fojks/kkr oufoHkkx LFkkuhd
        rykBh] eaMG vf/kdkjh] rglhynkj eq#M] izkr       a vf/kdkjh vfyckx rlsp
        ftYgkf/kdkjh vfyckx ;kaps dk;kZy;kr fofo/k dkj.ks nsowu rdzkjh vtZ
        dsysys gksrs- rks eyk ek>s eksckbZy ojrh dkWy d#u fofo/k fBdk.kh
        cksykowu ?ksowu R;kus dsysY;k lnj rdzkjh vtkZP;k dkWih eyk nk[kor
        vls o R;k rdzkjh ekxs ?ks.;klkBh ek÷;kdMs iS’kakph ekx.kh djr vls-
        lnjckcr eh vkeps daiuhps v/;{k rStqu gluth o brj ojh”Bkauk
        osGksoG s h ekfgrh nsr gksrks- vful lqyrku rkaMy  s ;kpsckcr eh LFkkuhd
        yksdkadMwu ekfgrh ?ksryh vlrk vful rkaMsy gk vktqcktqP;k
        ifjljkrhy yksdkaP;k tkxsP;k lanHkkZr fofo/k dk;kZy;kr rdzkjh d:u
        R;kapsdMqu iSls ?ksrks v’kh ekfgrh feGkyh R;keqGs R;kus vkeps daiuh
        fojks/kkr dsysY;k rdzkjh fojk/kkr vkEgh lacfa /kr dk;kZy;kr vkeps Eg.k.ks
        lknj dsysys gksrs o R;kus ek÷;kdMs dsysY;k ekx.;kadMs vkEgh nqyZ{k
        dsys gksrs] R;keqGs R;kus vkeps daiuhps v/;{k ;kaP;kfojks/kkr ls’ku dksVZ]
        vfyckx ;sFks ojhy tehu fg oufoHkkxkph vlwu rh csdk;ns’khjfjR;k
        [kjsnh dsysyh vkgs v’kk v’k;kph dsl dsysyh gksrh- lnj dslph
        lquko.kh gksowu fudky daiuhps v/;{k ;kaP;k cktwus ykxysyk vkgs-




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        R;kuarj R;kus R;kp fo”k;kP;kckcr gk;dksVZ] eqacbZ ;sFks vkeps daiuhps
        v/;{k rlsp ftYgkf/kdkjh] jk;xM rlsp brj ‘kklfd;
        vf/kdkjh ;kapsfojks/kkr jhVfifV’ku nk[ky dsyh gksrh] R;koj gk;dksVkZr
        lquko.kh >kyh vlrk rh jhVfifV’ku dksVkZus QsVkGwu ykoyh gksrh-
        R;kuarj R;kp fo”k;kP;k vuq”kaxkus vful lqyrku rkaMy  s ;kus gk;dksVZ]
        eqacbZ ;sFks ih-vk;-,y~- nk[ky dsysyh vkgs vls eyk R;kus lk/kkj.k ,d
        efgU;kiqohZ Lor% Qksu d#u cksyhZ] rk- eq#M ;sFks cksykowu ?ksowu le{k
        lkaxhrys o lnjph gk;dksVZ] eqacbZ ;sFks nk[ky dsysY;k ih-vk;-,y~- ph
        dkWih nk[koyh vkf.k R;kuarj rks eyk Eg.kkyk dh] ih-vk;-,y~
        ekxs ?;k;ph vlsy rj eyk iSls |k ukghrj eh rqeP;k daiuhph okV
        ykowu Vkdsu v’kh /kedh fnyh] rsOgk eh R;kyk lkaxhrys fd
        IkS’kkP;kckcr eyk vkeP;k daiuhP;k v/;{kka’kh cksykos ykxsy R;kuarjp
        eh rqyk dk; rs lkaxsu-
        vkeps daiuhP;k ofjy uewn izkWiVhZ e/;s tk.;klkBh daiuhus cuoysY;k
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        rlsp loZ XkzkeLFkkauk ;s.;ktk.;klkBh lks; Ogkoh ;kdfjrk lnj unhojrh
        czht cka/k.;klkBh vkEgh Xkzqi xzkeiapk;r] ekaMyk ;sFkwu ukgjdr
        nk[kyk ?ks.;klkBh vtZ dsyk gksrk- lnj dkeklkBh ukgjdr nk[kyk
        ns.;kr ;sow u;s ;klkBh vful rkaMy     s ;kus lnj xzkeiapk;rhdMs rdzkjh
        vtZ dsyk o lnj dkekr vMFkGk fuekZ.k dsyk- R;kuarj fMlsacj 2025
        e/;s uDdh rkjh[k vkBor ukgh R;kus eyk dkWy d:u Lokxr gkWVsy]
        cksyhZ ;sFks cksykowu ?ksrys R;koGh ek>slkscr vkeps daiuhr dke dj.kkjk
        vdkaÅVaV yoys'k pkSohlk gk lq/nk gksrk rsOgk vful rkaMsy eyk
        cksyyk fd] eh LFkkuhd vkgs eyk vMhp yk[k :i;s |k ukghrj eh
        rqepk czht gksow ns.kkj ukgh- rjh i.k dke djk;yk xsykp rj eh rq>s
        gkrik; rksMwu dqBs QsdwUk nsbZu gs rqyk dG.kkj i.k ukgh v'kh /kedh
        fnyh- R;kosGh thokP;k Hkhrhus ?kkc:u xsyks o ekÖ;ktoG vlysys
        iapohl gtkj :i;s R;kP;k gkrkr fnys o jkfgysys iSls eh daiuhP;k
        v/;{kka'kh cksyY;k uarjp nsrks vls cksywu dlsrjh rsFkwu ek>h lqVdk
        d:u ?ksryh-
        R;kuarj R;kus fnukad 11-04-2026 jksth eyk Qksu d:u R;kps
        ekaMyk ;sFkhy ?kjh R;kus nk[ky dsysY;k ih-vk;-,Yk- P;kckcr ppkZ
        dj.;klkBh cksykowu ?ksrys R;keqGs R;k fno'kh nqikjh vankts ,d
        okt.;kps lqekjkl eh rlsp vkeps daiuhr dke dj.kkjk vdkaÅVaV
        yoys'k pkSohlk vls nks?ks vful rkaMy s ;kps ?kjh xsyks gksrks- R;kosGh
        R;kps ?kjkrhy gkWy e/;s vful rkaMys ,dVkp clysyk gksrk- lq:okrhl
        fdjdksG ppkZ >kY;kuarj rks vkEgkyk Eg.kkyk fd] vk/kh rqEgh eyk czht
        ps iSls |k R;kosGh eh ?kkc:u ek>stoGps iapohl gtkj :i;s R;kP;k
        gkrkr fnys o R;kyk Eg.kkyks fd] vkrkps iapohl vkf.k ;kiqohZ fnysys
        iapohl vls IkUUkkl gtkj :i;s iksgkspys- rsOgk rks eyk Eg.kkyk fd
        jkfgysys nksu yk[k :i;s ;s.kkÚ;k vkB fnolkr eyk |k-
        R;kuarj vful rkaMy    s eyk Eg.kkyk fd] rqeP;k fojks/kkr gk;dksVZ]
        eqacbZ ;sFks ih-vk;-,Yk~- nk[ky dsysyh vlqu rh ekxs ?;k;yk eh r;kj




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        vkgs ijarw R;kcnY;kr eyk rqEgh eyk vBjk djksM :i;s |k vkf.k rqEgh
        T;kaP;kdMwu rh tehu [kjsnh dsyh R;kapsdMwui.k nksu djksM :i;s rqEghp
        R;kapsdMwu ?ksowu eyk |k] vls Eg.kkyk- R;kuarj vkEgh ?kkc:u R;kP;k
        ?kjkrwu fu?kwu xsyks-
        vful rkaMy s ;kus ,dw.k ohl djksM nksu yk[k :i;kaph ekx.kh dsyh
        vlysckcr eh daiuhps v/;{k rlsp brj ofj"B ;kauk Qksu}kjs dGoys-
        R;kus dsysyh ohl djksM :i;kaph ekx.kh eksBh vlY;kus rlsp R;kus
        daiuhph okV ykorks v'kh /kedh fnY;kus vkEgh loZt.k ?kkc:u xsyks
        gksrks- lnjph ckreh fg vkeps daiuhr dke dj.kkjs Bsdsnkj]
        dkexkj ;kauk ns[khy letY;kus rs lq/nk ?kkc:u vkeps daiuhps
        lkbZVojrh dke djr vkgsr- vful rkaMy     s ;kus vkepsdMs dsysY;k
        [kaM.khP;k ekx.kheqGs Hkhrhps okrkoj.k r;kj >kysys vlwu R;keqGs
        daiuhr dkekoj ;s.;klkBh dkexkj ?kkcjr vkgsr-
        rjh uksOgsacj 2021 rs fnukad 11-04-2026 jksth ;k dkGkr vful
        lqyrku rkaMsy ;kus eyk vMhp yk[k :i;s |k ukghrj eh rqepk czht
        gksow ns.kkj ukgh] rjh i.k dke djk;yk xsykp rj eh rq>s gkrik; rksMwu
        dqBs Qsdwu nsbZu gs rqyk dG.kkj i.k ukgh v'kh /kedh nsowu [kaM.khph
        ekx.kh d:u R;kiSdh iUukl gtkj :i;s fLodkjys rlsp vkeps
        daiuhP;k fojks/kkr gk;dksVZ] eqacbZ ;sFks R;kus nk[ky dsysyh ih-vk;-,y~-
        ekxs ?ks.;kP;k cnY;kr ,dw.k ohl djksM :i;kaph [kaM.kh ekxhryh
        vkf.k ih-vk;-,y~- ekxs ?;k;ph vlsy rj eyk iSls |k ukghrj eh
        rqeP;k daiuhph okV ykowu Vkdsu v'kh /kedh fnyh Eg.kwu R;kps fo:/n
        ek>h rdzkj vkgs-
        vful rkaMys vkf.k ek>sr >kysys ojhy cksy.ks gs fganh Hkk"ksr >kysys
        vlwu eh ;sFks ejkBh Hkk"ksr lkaxhrys vkgs- fn-11/04/2026 jksth
        vful rkaMsy o vkeP;kr >kysY;k laHkk"k.kkph OghMhvks jsdkWMhZax
        ekÖ;kdMs vlqu rh eh lknj dj.kkj vkgs- lnjph rdzkj eh vkeps
        daiuhP;k ofj"Bka'kh ppkZ d:u vkt jksth iksyhl Bk.;kr rdzkj
        ns.;klkBh vkyks vkgs-Þ

                                                         (Emphasis added)

English translation of the same is as under:


         The Head Office of our R.T. Tricone Design & Build
        Contractors Private Limited Company is located at
        Sakhar Bhavan, Nariman Point, Mumbai and Taizun
        Hassonjee serves as the President of this Company. Our
        company works to develop properties owned by the
        owners of the Company at various places in the State of
        Maharashtra. I work to control and supervise the work of




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        security guards appointed for the security of the
        properties owned by the owners of the Company at
        various places. Similarly, I do other works as directed by
        the President of the Company by name Taizun
        Hassonjee. Our Company own a land bearing Gat Nos.
        188/4, 188/6/1, 188/6/2 (Old Gat No. 188/2/A),
        situated at village Mandala, Taluka Murud, District
        Raigad and from the month of November, 2021, our
        Company is carrying out the development of the said
        land at the said place and since then, I work to control
        and supervise the work of security guards appointed for
        the security of the said place. Moreover, as directed by
        the President of the Company by name Taizun
        Hassonjee, I do other works such as, to deal with the
        local issues arising in respect of the said property, to
        handle the legal disputes arising with local public and
        also, to participate in the discussions in connection with
        the said property in the capacity of the representative of
        the Company on behalf of the Company and to give
        information regarding the same to the President or other
        Superior Authority from time to time, etc.. to give
        information of the same from time to time.

          Since the time, the development work of the said land
        has started in village Mandala, thereafter, from the
        beginning, Anis Sultan Tandel, resident of Mandala, had
        filed complaint applications against our Company in the
        Offices of the Forest Department, Local Talathi, the Circle
        Officer, the Tehsildar, Murud, the Sub Divisional Officer,
        Alibag and the Collector, Alibag on various grounds. He
        used to telephone me on my mobile, call me at various
        places and show me copies of the said complaint
        applications, which he had made and demand money
        from me to withdraw those complaints. Therefore, I used
        to inform the President of our Company by name Taizun
        Hassonjee and other Superior Authority in this regard,
        from time to time. When I enquired with the local
        people about Anis Sultan Tandel, I learned that Anis
        Sultan Tandel used to make complaints to various Offices
        regarding the land of the people in the surrounding area
        and extract money from them. Therefore, we had




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        submitted our say to the concerned Office against the
        complaints which he had made against our Company
        and we had ignored the demands he had made to me
        and therefore, he had filed a case against the President
        of our Company before the Hon’ble Sessions Court,
        Alibag, alleging therein that the aforesaid land belonged
        to the Forest Department and that the same had been
        purchased illegally. The trial of the said case has
        concluded and the decision was rendered in favor of the
        President of the Company. Thereafter, he had filed a Writ
        Petition on the same issue before the Hon’ble High Court,
        Mumbai against the President of our Company as well as
        the Collector, Raigad and other Government Officials and
        when the Petition came up for hearing before the
        Hon’ble High Court, the same was rejected by the
        Hon’ble Court. Thereafter, about a month ago, Anis
        Sultan Tandel himself telephoned and called me at Borli,
        Taluka Murud and he personally told me that he had
        filed a P.I.L. before the Hon’ble High Court, Mumbai in
        connection with the same issue and showed me a copy of
        the P.I.L. filed before the Hon’ble High Court, Mumbai
        and thereafter he threatened me by saying : “If you want
        to get the P.I.L. withdrawn, give me money, otherwise I
        will ruin your Company”. Thereupon, I told him : “I
        would have to talk to the President of our Company
        regarding the demand of money and only thereafter, I
        would inform you as to what has been decided”.

         As a perennial river crosses the access road constructed
        by our Company to reach the aforesaid property of our
        Company, we (our Company) had applied for a No-
        Objection Certificate from the Group Gram Panchayat,
        Mandala, to build a bridge over the river in order to
        facilitate the to and fro movement of Company staff as
        well as all the villagers. Anis Tandel filed a complaint
        application with the concerned Gram Panchayat to
        prevent the No-Objection Certificate from being issued
        for the said work and caused hindrance in the said work.
        Thereafter, in the month of December, 2025, I do not
        remember the exact date, he telephoned and called me
        at Swagat Hotel, Borli. At that time, our Accountant




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        Lavlesh Chauvisa, who worked in our Company, was
        accompanying me. At that time, Anis Tandel threatened
        me by saying : “I am a local resident and give me Rs. two
        and a half Lakhs, otherwise I will not let your bridge be
        built. However, even then if you try to start the work, I
        will cut off your limbs and throw them so far that you
        will not even realize as to where the same are thrown”.
        At that time, I got scared for my life and gave Rs. twenty-
        five thousands in his hands, which I had with me and
        said to him that I would give the remaining money only
        after talking to the President of the Company and
        somehow I got myself escaped from the said place.

         Thereafter, on the date 11.04.2026, he telephoned and
        called me at his house at Mandala to discuss regarding
        the P.I.L. which he had filed and therefore, on the said
        day, at about one o'clock in the afternoon, I along with
        our Accountant Lavlesh Chauvisa, who works in our
        Company, thus we both of us went to Anis Tandel's
        house. At that time, Anis Tandel was sitting alone in the
        hall of his house. After a small discussion at the
        beginning, he said to us : “At first, you give me the
        money for the bridge”. At that time, I got scared and
        gave him Rs. twenty-five thousands in his hands, which I
        had with me and told him, “Including the Rs. twenty-five
        thousands paid now and the Rs. twenty-five thousands
        which were paid earlier, thus you received total Rs. fifty
        thousands”. Thereupon, he told me to give him the
        remaining amount of Rs. two lakhs within the next eight
        days.

          Thereafter, Anis Tandel told me : “A P.I.L. has been filed
        against you before the Hon’ble High Court, Mumbai and
        I am ready to withdraw the same, but in lieu thereof, you
        give me Rs. eighteen crores and you yourself take Rs.
        two crores even from the people from whom you (the
        Company) bought the said land and give the same to
        me”. Thereafter, being scared, we left his house.

         Thereafter, I informed the President of the Company
        and other Superior Authority on phone call about Anis
        Tandel's demand for a total amount of Rs. twenty crores,



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        two lakhs. As, his demand for Rs. twenty crores was of
        huge amount and he had also threatened that he would
        ruin the Company, we all got scared. The said news has
        also reached the contractors and workers working in our
        Company and they are also working in fear at our
        Company's site. Ransom demand made by Anis Tandel to
        us has created an atmosphere of fear and therefore, the
        workers are afraid to come to work in the Company.

          Thus, during the period from November, 2021 to the
        date 11.04.2026, Anis Sultan Tandel, threatened me by
        saying : “Give me Rs. two and a half Lakhs, otherwise I
        will not let your bridge be built. However, if you try to
        start the work, I will cut off your limbs and throw them
        so far that you will not even realize as to where the same
        are thrown” and demanded ransom and extracted Rs.
        fifty thousands from me. Moreover, he demanded a total
        ransom of Rs. twenty crores for withdrawing the P.I.L.
        filed against our Company before the Hon’ble High
        Court, Mumbai and further threatened by saying : “If you
        want to get the P.I.L. withdrawn, give me the money,
        otherwise I will ruin your Company” and therefore, I
        have a complaint against him.

         The aforesaid conversation between Anis Tandel and
        me took place in Hindi and I have stated the same here
        in Marathi. I have with me the video recording of the
        conversation which took place between Anis Tandel and
        me, on the date 11/04/2026 and I am going to produce
        the same. I have discussed regarding the said complaint
        with the Superior Authority of our Company and
        thereafter, today, I came in the Police Station to lodge
        this complaint.

                                               (Emphasis added)


7.       Thus, as per the prosecution case, the Applicant has filed

complaints with various authorities including with the Forest

Department, Talathi, Circle Officer, Tahsildar, Prant Officer as well



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as Collector. The Applicant has also filed the proceedings in the

Sessions Court as well as various proceedings including a PIL in the

High Court. The allegation is that for withdrawal of all these

complain/proceedings and PIL, total amount demanded is Rs.20

Crores. The FIR records that he has demanded Rs.18 Crores from

the said Company or the purchaser and Rs.2 Crores from the

Original Owners, who have sold the land to Taijun N. Hassonjee

i.e. the Chairman and Managing Director of the said Company.


8.      It is significant to note that in the FIR itself it is specifically

stated that the conversation between the First Informant and the

Applicant is recorded on video. The transcript of the same which is

produced before this Court, prima facie, supports the prosecution

case where there is a demand of Rs.20 Crores inter alia for

withdrawal of PIL. In fact, the allegations are also made against

the Judges. The offence is very serious. Threats are also given of

assault if the said payment is not made. Thus, this is a case where

custodial interrogation is absolutely essential.



9.      The Supreme Court in the decision of State Rep. by the C.B.I.

v. Anil Sharma 1, has held that the custodial interrogation is
1       (1997) 7 SCC 187




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qualitatively more elicitation-oriented than questioning a suspect

who is well ensconced with a favourable order under Section 438

of the Code of Criminal Procedure, 1973 i.e. Section 482 of BNSS.

The effective interrogation of suspected person is of tremendous

advantage in disinterring many useful information and also

materials which would have been concealed. Success of such

interrogation would elude if the suspected person knows that he is

well protected and insulted by a pre-arrest bail during the time he

interrogated. The said observations of the Supreme Court are

squarely applicable to the present case. Thus, for effective

interrogation in this serious case, custodial interrogation is

necessary.


10.     As stated above, the offence is very serious of extortion of

huge amount of Rs.20 Crores as well as the allegations have been

made against the Judges.


11.     It is required to be noted that although it is the contention of

the Applicant that insofar as CR No.126 of 2017 is concerned,

where the allegations are of the same nature that complaints have

been filed with the Circle Officer and Talathi and for withdrawal of

the same Rs.50,000/- has been demanded from the First Informant



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in said CR, Mr. Adsule, learned Counsel for the Applicant has very

heavily relied on the Judgment and Order dated 1st June 2023

passed by the learned JMFC, Murud in Regular Criminal Case

No.122 of 2018 concerning said crime. However, perusal of the

said Order dated 1st June 2023, shows that the First Informant in

that case i.e. PW-1 has been declared as hostile and during cross-

examination conducted by the learned Assistant Public Prosecutor,

said PW-1 admitted that the dispute is settled between the

Applicant and him outside the Court. Thus, the said decision in fact

shows that the acquittal is not clear acquittal and, therefore, not

relevant.


12.      In any case, the offence is very serious. There is strong prima

facie material against the Applicant. Accordingly, no case is made

out for grant of anticipatory bail. The Anticipatory Bail Application

is rejected.


13.      It is clarified that the Trial Court shall decide the case on its

merits, uninfluenced by the prima facie observations made in this

Order.


                                              [MADHAV J. JAMDAR, J.]




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