11 ABA-845-21.doc

BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO.845 OF 2021

1] Anjum Abdul Raheem Merchant

2] Mr. Fayyaz Abdul Raheem Merchant

…. Applicants.

V/s

The State of Maharashtra

….. Respondent.

WITH

INTERIM APPLICATION NO. 172 OF 2021

IN

ANTICIPATORY BAIL APPLICATION NO.845 OF 2021

Juma Masjid Trust

Intervener

In the matter between

1] Anjum Abdul Raheem Merchant

2] Mr. Fayyaz Abdul Raheem Merchant

…. Applicants.

V/s

The State of Maharashtra

….. Respondent.

WITH

INTERIM APPLICATION NO. 20 OF 2021

IN

ANTICIPATORY BAIL APPLICATION NO.845 OF 2021

Mohd. Abdul Rauf Memon

Intervener

In the matter between

1] Anjum Abdul Raheem Merchant

2] Mr. Fayyaz Abdul Raheem Merchant

…. Applicants.

V/s

The State of Maharashtra

….. Respondent.

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BHARAT

DASHARATH

PANDIT

Digitally signed

by BHARAT

DASHARATH

PANDIT

Date: 2021.11.08

14:33:32 +0530

11 ABA-845-21.doc

WITH

ANTICIPATORY BAIL APPLICATION (ST) NO.3289 OF 2020

Jazil Nawarange

…. Applicant.

V/s.

The State of Maharashtra

….. Respondent.

WITH

INTERIM APPLICATION NO. 19 OF 2021

IN

ANTICIPATORY BAIL APPLICATION NO.3289 OF 2020

Juma Masjid Trust

…. Intervener

In the matter between

Jazil Nawarange

…. Applicant.

V/s.

The State of Maharashtra

….. Respondent.

WITH

INTERIM APPLICATION NO. 17 OF 2021

IN

ANTICIPATORY BAIL APPLICATION NO.3289 OF 2020

Mohd. Abdul Rauf Memon

…. Intervener

In the matter between

Jazil Nawarange

…. Applicant.

V/s.

The State of Maharashtra

….. Respondent.

-----

Mr. Saurabh Mehta a/w Uzair Kazi i/b YMK Legal for the Applicants in

ABA/845/2021.

Mr. Smit Kirti Nagda a/w Mr. Atul Pathak for the Applicant in ABA

(St) No.3289 of 2020.

Ms. Shagufta Ansari for the Intervener in IA/20/2021 in

ABA/845/2021 and in IA/17/2021 in ABA(St) No.3289/2020.

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11 ABA-845-21.doc

Ms. Vidhya N. Shet i/b Vaid Associates for the Intervener in

IA/172/2021 in ABA/845/2021 and in IA/19/2021 in ABA(St)

No.3289/2020.

Ms. A.A. Takalkar, APP for the Respondent/State.

PSI Pallavi Jadhav, L.T. Marg Police Station, present.

-----

CORAM: NITIN W. SAMBRE, J.

DATE: OCTOBER 08, 2021

P.C.:-

1]

Applicants in both the above Applications are seeking pre-

arrest bail in C.R. No. 196 of 2020 registered with L. T. Marg Police

Station, for the offence punishable under Sections 420, 465, 467, 468,

471, 380 read with Section 34 of the Indian Penal Code.

2]

Prosecution case against the Applicants is, Mohd. Abdul Memon

is claimed to have allotted Otta No.20 in H. Block for carrying out

(rituals) burial of dead members of his family by the Waqf named

Bada Kabrastan, Marine Lines. It is further claimed that the said land

though was allotted by the Trust in favour of his family members, the

Applicant Trustes, thereafter, allotted the same land to other persons

by accepting illegal gratification. As such the offence.

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11 ABA-845-21.doc

3]

Submissions of Counsel for the Applicants are, Applicants are

impleaded in the capacity of office bearers of the Waqf. It is claimed

that Waqf property cannot be allotted to an individual without

following due process of law. In Graveyard/Kabrastan, property

cannot be earmarked for a particular family, as the object with which

the Kabrastan is managed is to provide space for burial of every

Muslim dead person. It is further claimed that allegation of

acceptance of illegal gratification is without any basis and amount, if

any, paid has gone to the Account of the Waqf. As such, it is claimed

that Applicants are entitled for protection from this Court.

4]

Learned APP submits that investigation in the matter depicts that

the Applicants are involved in diverting land earmarked in the

Kabrastan for a particular family after having accepted illegal

gratification. It is further claimed that the amount accepted has not

gone to the Account of the Waqf. As such, it is prayed that Application

be rejected.

5]

Considered rival submissions.

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