ARUN GULAB GAWLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS application is for grant of anticipatory bail filed by one Arun Gulab Gawli resident of Dagadi Chawl, Byculla, Bombay, in respect of an apprehended arrest in connection with C.R.No.244 of 1997 registered at Vartak Nagar Police Station, Thane.

(2.) EXTENSIVE arguments were advanced on behalf of the Applicant by Shri Pradhan, learned Advocate and the learned P.P.Shri Tulpule for State. However, before proceeding to consider the arguments, it is necessary to have a brief account of the F.I.R. on the basis of which this offence has been registered. The first information report is filed on 23.8.1997 and office is registered under sections 143, 386, 364, 342, 506 Part I and Part II of the I.P.C and Section 25(1)(b) of the Arms Act. Although the F.I.R. discloses a very detailed version of the incident, for the purpose of the present application all that details need not be gone into.

(3.) THEREAFTER the Complainant and his employees were receiving threatening phone calls stating that Suresh from Dagadi Chawl is speaking and that he would be contacted by a person stating his name as Suresh. The material allegations pertains to 26th and 27th June 1997. According to the complainant one of his friend Ashok Birje was known to one Mr.Vinayak. This Vinayak was also known to Arun Gawli (Applicant) as both of them were inmates to Dagadi Chawl. Thereafter he was called at Dagadi Chawl along with his Manager and Vinayak took him to the 2nd floor and in particular in the room of Arun Gawali when Arun Gawali asked him as to when would start paying money and also told him that once he satisfies the demand of money, the Applicant would take care of his site at Dombivali and in case of any interruption by any local goonda, the Applicant would protect him and on failure to abide by this, he would be liquidated. After four days through the intervention of Vinayak he went to Dagadi Chawl, but there was some incident in respect of assault on a female journalist and there was rush of people. However, on that day the complainant does not claim that he in fact met the applicant, but he was threatened with revolver by one Sanjay Vichare and was asked to pay money and in pursuance thereof Vinayak came to his Thane office and gave him threat and collected Rs.25,000/- in cash and a cheque for Rs.1,25,000/- drawn on Janata Sahakari Bank. Even thereafter he received phone call from Raju Khandkar after two days when Raju told him that in today's newspaper there was news of one Natwarlal Desai Builder having been murdered and whether the Complainant had read that news.