The Sessions Court has granted bail to Riyaz Bhati, alleged associate of fugitive underworld figure Dawood Ibrahim, in a 2022 extortion case. Bhati, accused of threatening a business partner to extort a sum of ₹10-12 lakh, was released following the court’s acknowledgment of his prolonged detention and lack of significant trial progression.
The case was initially filed after a complaint by Usmad Ahmad Jan Khan, a longtime acquaintance and business partner of Bhati in ARK Developers, a construction company established in 2006. Khan joined the company in 2014, acquiring shares from Zinat, one of the founding partners. According to court documents, Bhati and his associates in ARK Developers, including Afghan Khan, Aslam Patni, Kamal Jedhwani, and Khalid, were involved in various projects.
Business Disputes and Alleged Threats
In 2018, ARK Developers took on a redevelopment project at Stadium View Society in Andheri from builder Surojit Roy. However, the company reportedly struggled to complete the project and eventually transferred it to another entity. This led Roy to file a complaint against all ARK Developers partners regarding the project’s transfer, resulting in Bhati’s arrest. After six months, he was released on bail but allegedly began pressuring his partners, including Khan, to pay him ₹65 lakh as reimbursement for expenses incurred in the dispute with Roy, reportedly issuing threats if they did not comply.
Arguments and Claims
The prosecution opposed Bhati’s bail, arguing that he was a habitual offender, having been acquitted in three cases and allegedly linked to eight other criminal activities. They claimed that Bhati’s release posed a high risk of reoffending, intimidating witnesses, and possibly evading justice. They highlighted his alleged pattern of criminal behavior and urged the court to reject his bail request. Bhati’s defense argued that he was innocent and wrongfully accused, suggesting that the complaint was filed with malicious intent. They pointed to a delay in filing the FIR and noted that none of the other partners besides Khan had made complaints against Bhati. The defense contended that the accusations lacked credibility and were part of a broader attempt to discredit him.
Ruling
In its decision, the court referenced a recent ruling from a special MCOCA court in September, which granted bail to both Bhati and Salim Fruit, the brother-in-law of underworld associate Chhota Shakeel, in a separate extortion case. Recognizing Bhati’s extended detention of nearly three years without the commencement of a trial, the court upheld the principle that “bail is the rule, refusal is an exception.” This standard, the court noted, especially applied when an accused has been held in custody for an extended period without trial. The decision to grant bail raises questions about the length of pre-trial detention in the justice system, especially in cases where trial progress is delayed. The case will continue to unfold as the trial commences, and Bhati remains under scrutiny for his alleged criminal associations and activities.
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