RAKESH BABU CHALWADI Vs. THE STATE OF MAHARASHTRA
LAWS(BOM)-2021-3-263
HIGH COURT OF BOMBAY
Decided on March 22,2021

Rakesh Babu Chalwadi Appellant
VERSUS
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

- (1.)By the present application, the applicant seek his release on bail on being charge-sheeted in MCOC case which is pending before the Special Judge, District Thane and numbered as Special Case No.10 of 2017.
(2.)Heard Mr.Nitin Sejpal, Learned counsel for the applicant and Ms. S.S. Kaushik, learned APP for the State.
(3.)The complainant, who is engaged in the business of Holiday Membership Commission Agent at Talasari police station lodged a complaint on 19/7/2016 alleging that he is resident of the address given in the complaint and on 18/7/2016, when he returned to his house along with his family at around 7.30 to 8.00 p.m, all the lights in the house were SWITCHED on. He also stated that there are CCTV cameras fitted in the precinct of his house but they are switched off during the day and after 9'O clock, they are switched on. After he returned home on the said day, his parents and his niece were watching Television and his wife was engaged in cooking. At that time, he had gone on the first floor for having bath. Three to four unknown persons arrived at his door and inquired from his niece about the applicant. His niece approached his room and informed him that some persons have come to meet him. At the very relevant time, three unknown persons in the age group of 25 - 30 years followed by his mother and wife also arrived in the room. He gave description of the said persons as one wearing black shirt and being masked, holding knife, the other person wearing red t-shirt and one who was little lean, had kept his face open and was armed with a knife. The person with red shirt and having black colour mask on his face was armed with a pistol. They demanded money from him by brandishing the weapons at him, and asked for the keys of the locker. At that time, the complainant pleaded before them not to cause any harm to him or his family and they can take whatever valuables are there in the house. He himself handed over an amount of Rs. 30,000.00 + Rs. 10,000.00. They were repeatedly asking the complainant where he had concealed Rs. One crore and when he did not relent to their demand, they assaulted him. His mother and wife were made to sit down and their hands were tied and mouth fixed by a tape. The assailants thereafter opened the almirah and took away gold ornaments worth Rs. 3,25,000/- and his mobile phone of Samsung Company and also took along with them the keys of his jeep. Being scared by the unprecedented incident, his wife somehow managed to get freed and rescued the complainant and his mother and thereafter switched on the button of the CCTV camera. When the complainant was in search of his son Siddhant, he along with his niece Lalita were seated on the sofa set and were being guarded by one person and his father was locked into the bathroom.


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