Gangster Ejaz Lakdawala’s brother granted bail in 2019 extortion case

The Bombay High Court has granted bail to Akhil Lakdawala, the brother of gangster Ejaz Lakdawala, who was arrested in 2019 for attempting to extort money from a businessman in Khar. The court noted that the prosecution has no evidence apart from confessional statements and observed that the trial is unlikely to conclude soon. The court stated that prolonged incarceration would amount to a violation of fundamental rights. Along with Akhil, his associate Sagar Yadav was also granted bail on similar grounds. The bail was granted on February 25, and a detailed order was issued recently.

The court also observed that material on record indicated that Ejaz’s daughter, Shifa Lakdawala, was arrested in a fake case by the Crime Branch to pressure him into surrendering to the police.

In an interview with mid-day in February 2020, Shifa claimed that the police used her as bait to reach her father. She was arrested at Mumbai international airport while flying to Nepal on allegations of using fake documents to obtain her passport. The court noted that “the record also shows that during the investigation, the prosecution arrested Ejaz Lakdawala’s daughter—who is married and resides in Mumbai—in a false case with the intention of pressurising him to surrender to the police. After Ejaz Lakdawala’s arrest from Patna  in January 2020, the prosecution discharged her from the case”.

Court observations

The court noted that, according to the prosecution’s report, eight more witnesses are yet to be examined. However, the prosecution informed the court that it could not provide details of these witnesses as it was unsure whether they would turn up to give evidence. In the absence of these witnesses, other panch witnesses might have to be examined.

“Considering the exigency expressed by the prosecution, I am inclined to consider the present application for bail on the grounds of the applicants’ long incarceration in prison,” the judge stated in the order.

The court further noted that the applicants have been in custody for almost six years, and the trial is unlikely to conclude in the foreseeable future. “Detaining an under-trial individual for such an extended period violates his fundamental right to a speedy trial flowing from Article 21 of the Constitution,” the court observed.

The court also cited the Supreme Court’s stance that under-trial or accused persons who have been in prolonged incarceration, with no possibility of trial completion soon, can be granted bail. “Bail is the rule and jail is an exception,” the court remarked.

Case background

The Khar-based businessman received an extortion call on December 5, 2018, allegedly from a foreign number. The caller, claiming to be gang leader Ejaz Lakdawala, demanded Rs 50 lakh as extortion money. A complaint was lodged at Khar police station, with the businessman stating that death threats had been made against him and his employees.

During the investigation, the prosecution arrested the complainant’s business partner, which the court noted prima facie diluted the case against the applicants. The court observed that the prosecution’s evidence mainly consisted of Call Detail Records (CDRs) and confessional statements, but no direct role of the applicants was established.

“The only piece of prima facie material is the confessional statement of Ejaz Lakdawala, which states that his brother, Akhil alias Akil Merchant, had settled the matter for R10 lakh and had provided information to his brother, pursuant to which extortion calls were made,” the court said.
However, the court noted that the arrest of the complainant’s business partner further weakened the prosecution’s case against Akhil, indicating that the extortion call could not be solely attributed to him.

The prosecution claimed that the applicants were constantly in contact with the head of the organised crime syndicate, Ejaz Lakdawala, and co-accused Sagar Yadav, through mobile phones during the commission of the offence. CDRs were presented as evidence to support the prosecution’s case.

The court concluded, “It is clarified that the observations made in this order are for the purpose of granting bail and do not reflect any opinion on merits of the case. The trial shall proceed on its own merits, based on evidence and in accordance with the law.”

Ejaz Lakdawala’s arrest

Ejaz, once a leading sharpshooter with the D Company, was arrested by the Mumbai Crime Branch in January 2020 from Patna after being on the run for 20 years. He was associated with Dawood Ibrahim before the split between Dawood and Chhota Rajan in 2000, after he formed his own gang.

2019
Year Akhil Lakdawala was arrested