Mumbai, August 2, 2022 – Ganesh Jalindar Jadhav has been granted bail by the Sessions Court for Greater Bombay in connection with an extortion case. Additional Sessions Judge M.S. Kulkarni granted bail, considering the severity of the alleged offenses and Jadhav’s permanent residency.
Jadhav, 32, was arrested in connection with Crime No. 342/2022, registered at Tilak Nagar Police Station. He was charged with offences punishable under Sections 384 (extortion), 385 (putting person in fear of injury in order to commit extortion), and 419 (cheating by personation) of the Indian Penal Code.
The Allegations and Complainant’s Account
The complainant, a manager at Shrinath Build Grand Private Limited, reported that Jadhav, posing as the Vice President of the Anti Corruption Board, Maharashtra State Unit, contacted him on April 11, 2022. Jadhav alleged irregularities in the company’s project, “Shrinath Darshan,” and demanded a meeting. During the meeting on April 15, 2022, Jadhav allegedly demanded a large sum of money to allow the project to proceed smoothly, threatening to file complaints with various authorities if his demands were not met.
Following a complaint from the company’s directors, a trap was set, and Jadhav was arrested on April 28, 2022, while accepting Rs. 2 lakhs from the complainant.
Defense Arguments and Court’s Observations
Jadhav was arrested on April 29, 2022, and has been in judicial custody since May 2, 2022. The court noted that the maximum punishment for the alleged offenses is three years of imprisonment.
The prosecution strongly objected to the bail, arguing that Jadhav had created false documents to impersonate a Vice President of the ACB and that he might commit similar offenses if released. However, the court pointed out that no forgery charges were filed against Jadhav. The court also stated that the mere fear of future offenses was not sufficient to keep Jadhav in custody, especially considering the maximum punishment for the alleged offenses.
The court also considered that Jadhav is a permanent resident of Maharashtra.
Reasons for Granting Bail
The court cited the following reasons for granting bail:
- Severity of Offenses: The maximum punishment for the alleged offenses is three years of imprisonment.
- Lack of Forgery Charges: No forgery charges were filed against Jadhav.
- Permanent Residency: Jadhav is a permanent resident of Maharashtra.
- Fear of Future Offenses Insufficient: The mere fear of future offenses is not sufficient to deny bail.
Conditions of Bail
Jadhav was granted bail on the following conditions:
- He must execute a personal bond and surety bond of Rs. 25,000 with one or two sureties of the same amount.
- He was allowed to post provisional cash security of Rs. 25,000 for a period of two months, while he organizes the surety bonds.
- He must not flee from justice.
- He must not tamper with the evidence and must cooperate with the investigating officer.
- He must not engage in similar activities in the future.
- Bail before the Lower Court.
Implications and Future Proceedings
The granting of bail highlights the court’s consideration of the severity of the alleged offenses and the accused’s residency status. The court’s decision also reflects the principle that bail should be granted unless there are compelling reasons to deny it. The case will proceed to trial, where the prosecution will present its evidence, and the defense will have the opportunity to challenge the allegations. This decision reflects the courts careful consideration of facts and circumstances in criminal proceedings.