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


Counsel for the Parties:
In Criminal Appeal No.883 of 2023
For the Appellant:Mr. Ashok Mundargi, Senior Counsel i/b Pravada Raut, Advocate
For the Respondent-State: Mrs. Ashvini A. Takalkar, A.P.P.
In Criminal Appeal No.1151 of 2023
For the Appellant:Mr. Mihir Desai, Senior Counsel a/w Mr. Hasnain Kazi, Ms. Shraddha Vavhal, Saipan Shaikh, Mr. Hafizuddin Kazi, Zeeshan Khan, Athar Qureshi and Mr. Raeed Kazi, Advocates
For the Respondent-State: Mrs. Ashwini A. Takalkar, A.P.P.
In Criminal Appeal No.206 of 2024
For the Appellant:Mr. Hasnain Kazi a/w Ms. Shraddha Vavhal, Saipan Shaikh, Mr. Hafizuddin Kazi, Zeeshan Khan, Athar Qureshi and Mr. Raeed Khan, Advocates
For the Respondent No.2-State: Mrs. Ashwini A. Takalkar, A.P.P.

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.P.C.”) 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 Anti-Terrorist Squad Police Station, Kalachowki, Mumbai, under Sections 121-A, 153-A, 120-B, 109, 116, 201 of the Indian Penal Code (for short, ‘I.P.C.’) 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 13 th April, 2023 passed below Exh-1 in Criminal Bail Application No.324 of 2023, by the learned Special Judge, Nashik, rejecting hi

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