B'day pics no proof ‘gangster' asked bizman to pay bill: Court
Mumbai: Observing that availability of 31 photographs of a birthday party is not even prima facie proof of any of the offences, a special court recently discharged alleged gangster
Riyaz Bhati
in an
extortion case
. In a chargesheet submitted against gangster
Chhota Shakeel
's brother-in-law Salim Qureshi, alias Salim Fruit, his aide Bhati, and others in an extortion case, the police alleged the conspiracy to target the victim, a
businessman
, was hatched by the accused at Bhati's birthday party in Feb 2021 at a suburban five-star hotel.The judge, however, said all statements of witnesses allegedly present at the birthday party, as referred to by the prosecution, are hearsay of sorts.
"Even CDRs (call data records) of contacts between the accused inter-se is not incriminating material against the accused to frame the charges... The statement of a friend of the complainant (businessman) who was demanded money from the accused towards the bill of the birthday party and to whom the accused threatened for money (sic), is also not helpful to the prosecution," the judge said.
The judge further said it is an afterthought. "Neither that friend of the complainant nor the complainant himself complained anywhere against accused Riyaz for such threatening or demand of money towards payment of the bill," the judge said.The case stems from an FIR filed on Sept 26, 2022, accusing Riyaz of extorting money for expenses of a birthday party held in Feb 2021. Seeking discharge, Riyaz's lawyer submitted there is no prima facie case made out against him. "There is no material directly or indirectly on record against him. There is no nexus with the alleged crime... He is innocent. He is falsely implicated. There is no evidence in the entire chargesheet that he is a member of any organised crime syndicate or he acted on behalf of any organisation... (or) that he abetted any accused," the lawyer argued.The prosecution stated Riyaz is named in FIR for threatening the complainant. "The applicant allegedly instructed the complainant to organise their birthday party at Hotel Sahara Star... on February 19, 2021. A statement from the complainant's friend, who arranged the party, has been recorded, and the party's bill receipt of Rs 5.43 lakh has been collected. The FIR indicates that Salim Qureshi (accused) threatened the complainant for Rs 62 lakh and this accused also issued threats," the prosecution said.
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