Extortion case: Default bail to former Surat corporator as police fail to submit chargesheet on time
Accused demanded money from tuition centre owner for protecting building against demolition by SMC
3 min read
Udhna police produced Desai in court tow months later, on Monday, and obtained a one-day remand till Wednesday. He was later sent to judicial custody at Surat central jail. A former municipal councillor from Surat, who served three terms, has been granted default bail by the district court in an extortion case after the police failed to submit the chargesheet in 60 days.
The defense lawyer filed the default bail application in the morning, while police submitted the chargesheet later in the afternoon on Monday — which marked the 61st day since his arrest.
Prakash Desai (66), a resident of Udhna Gam in Surat city, was arrested by Udhna police on March 26 for being allegedly involved in threatening and extorting Rs 3 lakh from Jigar Katheriya, the owner of Leo Tuition Classes in Udhna Gam. Desai had alegedly demanded Rs 6.5 lakh from Katheriya for protrcting an “illegally constructed fourth floor” at his tuition centre against demolition, which was being carried out by the Surat Municipal Corporation. Katheriya paid Rs 3 lakh on March 26, but later approached the police and lodged a complaint against Desai. A criminal offence was registered and Desai was booked under BNS Act Sections 308(2) (extortion), 308(5) (extortion by putting a person in fear of death or grievous hurt), 351(3) (), on the same day.
Udhna police produced Desai in court tow months later, on Monday, and obtained a one-day remand till Wednesday. He was later sent to judicial custody at Surat central jail.
On Monday, Desai’s lawyer Kalpesh Desai, in the default bail application filed before the Additional Chief Judicial Magistrate court of judge V D Dave, mentioned that Monday marked the 61st day since his client’s arrest in March and that the police had failed to submit the chargesheet and said that his client should thus get the benefit of a default bail.
After hearing the arguments by defense lawyer Kalpesh and Additional Public Prosecutor A T Parmar on Monday, Judge Dave granted the default bail. In its order, the court said, “In this case, police had to submit chargesheet in 60 days, ie on 25th May 2025, but police had submitted chargesheet on Monday afternoon (26th May 2025) which is 61st day. The defense lawyer had filed default bail application on 26th May morning which was accepted. The accused’s right to get default bail in this case is accepted by the court… the prosecution lawyer had also argued that holidays should not be counted, which the court has rejected. The accused has the right to get default bail and the court cannot take away such right.”
The court also said that the Surat Police Commissioner should look into such matters.
Talking to The Indian Express, defense lawyer Kalpesh said, “We are very satisfied with the court order.” The Indian Express tried to reach Additional Public Prosecutor Parmar, but he did not respond to calls.
Surat Deputy Commissioner of Police (Zone 2) Bhagirath Gadhvi said, “We have approached the higher court against this order… May 24 was a holiday as it was the fourth Saturday of the month, and May 25 was a Sunday.”
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