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HIGH COURT OF BOMBAY
Neela Gokhale, J
Ajit Pathrikar – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. overview of the case and factual context. (Para 1 , 2 , 3) |
| 2. arguments for and against bail application. (Para 4 , 5 , 6 , 7) |
| 3. court's analysis and observations on evidence. (Para 8 , 10 , 11 , 12 , 13 , 14 , 18) |
| 4. legal tests for granting bail under mcoca. (Para 9 , 15 , 16 , 17) |
| 5. court's final decision and bail conditions. (Para 20 , 21 , 22) |
JUDGMENT:-
1. By this Application, the Applicant seeks his enlargement on bail in connection with C.R. No. 589 of 2024 dated 13th October 2024 registered with the Nirmalnagar Police Station, Brihanmumbai City, for the offences punishable under Sections 103 (1), 109, 125 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ' BNS ') and Section 3 , 5, 25 and 27 of the Arms Act, 1959 and Sections 37 and 135 of the Maharashtra Police Act, 1951 . Thereafter, the provisions of (1)(i)(ii), 3(2), 3(3), 3(4) of the Maharashtra Control of Organised Crime Act, 1999 (for short ‘MCOCA’) were added.
2. The offence relates to the murder of one Ziauddin Abdul Rahim Siddiqui @ Baba Siddiqui, former Minister in the State of Maharashtra.
3. The facts as discerned from the FIR are as follows:
i) The First Informant is a police constable
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