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2024 Supreme(Bom) 505

A. S. GADKARI, SHYAM C. CHANDAK
Razi Ahmed Khan – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. Ashok Mundargi, Senior Counsel i/b Advocate, Pravada Raut for Appellant; Mrs. Ashvini A. Takalkar, A.P.P., for the Respondent-State.

JUDGMENT

A.S. Gadkari, J. - All the above mentioned Appeals are being decided together by this common Judgment, as they arise from same Crime Number, same set of facts and also involve common questions of law.

1.1. The common thread in all these Appeals is a prayer for bail under Section 439 of the Criminal Procedure Code (for short, "Cr.PC" in Special Sessions Case No.24 of 2023, pending on the file of learned Special Judge, Nashik, arising out of C.R. No.20 of 2021, registered with AntiTerrorist Squad Police Station, Kalachowki, Mumbai, under Sections 121-A, 153-A, 120-B, 109, 116, 201 of the Indian Penal Code (for short, 'IPC' ) and under Section 13(1)(b) of the Unlawful Activities (Prevention) Act, 1967, (for short, "the UAP Act").

1.2. The Appellants are original Accused Nos.3, 2 and 6 respectively as per the charge-sheet in the said crime. For the sake of brevity, the Appellants hereinafter will be referred to as per their original status in the charge-sheet i.e. Accused Nos.3, 2 and 6.

2. The Appellant, Accused No.3 has impugned Order dated 13th April, 2023 passed below Exh-1 in Criminal Bail Application No.324 of 2023, by the learned Special Judge, Nashik, rejecting his Applica

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