28-BA-1332-1333-1334-1569-1570-1877-1895-1818-1791-1543-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 1332 OF 2022

Sherkhan Hayatkhan

...Applicant

Versus

State Of Maharashtra

...Respondent

WITH

CRIMINAL BAIL APPLICATION NO. 1333 OF 2022

Mohammad Sabir Mohammad Sadki

@ Sabir Gauhar

...Applicant

Versus

State Of Maharashtra

...Respondent

WITH

CRIMINAL BAIL APPLICATION NO. 1334 OF 2022

1. Tauseef Khan Noor Khan

2. Aftab Ejaz Baig

3. Arbaz Shaikh Sardar

4. Shaikh Gaysuddin Shikh Safiuddin

5. Ateeque Ahmed Jamal Ahmed

6. Shaikh Amir Shaikh Jameel

...Applicants

Versus

State Of Maharashtra

...Respondent

WITH

CRIMINAL BAIL APPLICATION NO. 1543 OF 2022

Mohd. Rizwan Modhd. Akbar @ Rizwan

Batterywala

...Applicant

Versus

State Of Maharashtra

...Respondent

WITH

CRIMINAL BAIL APPLICATION NO. 1570 OF 2022

Arif Akhtar Abdul Ahad

...Applicant

Versus

State Of Maharashtra

...Respondent

Sajakali Jamadar

1 of 8

SAJAKALI

LIYAKAT

JAMADAR

Digitally signed

by SAJAKALI

LIYAKAT

JAMADAR

Date:

2022.10.13

14:00:02

+0530

28-BA-1332-1333-1334-1569-1570-1877-1895-1818-1791-1543-2022.doc

WITH

CRIMINAL BAIL APPLICATION NO. 1569 OF 2022

Shakeel @ Shakil Mohammad Ismail

...Applicant

Versus

The State Of Maharashtra

...Respondent

WITH

CRIMINAL BAIL APPLICATION NO. 1791 OF 2022

Raees Ahmad Abdul Samad

...Applicant

Versus

The State Of Maharashtra

...Respondent

WITH

CRIMINAL BAIL APPLICATION NO. 1877 OF 2022

Sarfaraaz Shaikh Javid

...Applicant

Versus

The State Of Maharashtra

...Respondent

WITH

CRIMINAL BAIL APPLICATION NO. 1895 OF 2022

Shaikh Imran Shaikh Saleem

...Applicant

Versus

The State Of Maharashtra

...Respondent

WITH

CRIMINAL BAIL APPLICATION NO. 1818 OF 2022

Ateeque Ahmad Saeed Ahmad

...Applicant

Versus

The State Of Maharashtra

...Respondent

….

Mr. Sanjeev Kadam i/b. Mr. M.N. Sandhyanshiv, for the Applicants in

Bail Application Nos. 1332 of 2022, 1333 of 2022, 1334 of 2022, 1569

of 2022, 1877 of 2022, 1570 of 2022, 1791 of 2022.

Mr. Niranjan Mundargi, i/by Mr. Veerdhawal Deshmukh, Advocate for

Sajakali Jamadar

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the applicant in Bail Application No.1543 of 2022.

Mr. Vishal Ingawale a/w Ms. Snehal Kolamkar a/w Ms. Tejashree

Kolamkar a/w Mr. Abhilash Kurey a/w Mr. Vishal Padvi, Advocate for

the applicant in Bail Application No.1818 of 2022.

Mr. N.R. Bubna, for the Applicants in BA Nos.1877 of 2022.

Mrs. P.N. Dabholkar, APP for the Respondent – State.

….

CORAM

:

PRAKASH D. NAIK, J.

DATE

:

7^th OCTOBER, 2022.

PER COURT

:

1.

Heard both sides.

2.

The applicants in all these applications were arrested in

connection with C.R. No.76 of 2021 registered with Ayesha Nagar

Police Station, Malegaon, Dist. Nashik for offences under Sections

395, 353, 332, 143, 147, 145, 146, 149, 427 of Indian Penal Code

(for short “IPC”) r/w Section 3 of the Prevention of Damage to

Public Property Act, 1984 and Section 37(1)(3) punishable under

Section 135 of the Maharashtra Police Act.

3.

The case of the prosecution is that, on account of some

defamatory statement against Muslim Moulavi at State of Tripura,

agitation was organized in Malegaon. Mob of people had gathered

together. They had allegedly decided to conduct rallies with

provocative speeches and caused the Malegaon City to shut down.

Section 144 was invoked. Policemen were deployed on duty. Some

Sajakali Jamadar

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of the accused pelted stones caused damage to the property. FIR

was registered against several persons. Several accused were

arrested. On completing investigation charge-sheet was filed

against them.

4.

The applicant in Bail Application No.1332 of 2022 was

arrested on 29.01.2022. The applicants in Bail Application No.1333

of 2022 & 1877 of 2022 were arrested on 13.11.2021. The

applicant Nos. 1 to 5 in Bail Application No.1334 of 2022 were

arrested o