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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.2395 OF 2021

Saeed Mazhar Munshi

@ Sayed Ahmed Mazharulhiq Munshi

….

Applicant

Versus

The State of Maharashtra

…

Respondent

ALONGWITH

INTERIM APPLICATION NO.2467 OF 2021

IN

CRIMINAL BAIL APPLICATION NO.2395 OF 2021

Mr. Mohammed Sameem Khan

….Applicant/Intervener

In the matter between

Saeed Mazhar Munshi

@ Sayed Ahmed Mazharulhiq Munshi

….

Applicant

Versus

The State of Maharashtra

…

Respondent

Mr. Arun Rajput i/b. Shabnam Shaikh for Applicant in BA/2395/2021.

Mr. Nizamuddin Khan for Applicant/Intervener in IA/2467/2021.

Mr. Ajay Patil, APP for State.

Mr. Yerunkar, PSI, Bangur Nagar police station.

CORAM : SARANG V. KOTWAL, J.

DATE : 6^th JANUARY, 2022

[THROUGH VIDEO CONFERENCING]

AGP

AARTI

G

PALKAR

Digitally signed

by AARTI G

PALKAR

Date:

2022.01.10

15:05:22

+0530

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P.C. :

1.

The Applicant is seeking his release on bail in connection with

C.R.No.718 of 2020 registered at Bangur Nagar Police Station, under

Sections 302 r/w.34, 120(B) of the IPC r/w. Sections 4, 25 of Arms Act r/w.

Section 37(1)(A) of the Maharashtra Police Act.

2.

Heard Shri. A. Rajput, learned counsel for the applicant and Shri. A.

Patil, learned APP for the State.

3.

The FIR is lodged by the eye-witness Mohd. Shamim Khan. He has

stated that he was knowing the accused viz. Nadim Munshi, Nazeem

Munshi, Sohail Munshi, Shafq Munshi, Rizwan Munshi and other. They

were residing in his area. The informant’s brother/deceased Mohd. Ameen

Tajmohammad Khan and the applicant’s co-accused used to supply

electricity to the residents unauthorisedly. Subsequently, the deceased

changed his track and decided to help the people by providing legal

connection. Because of that, the co-accused sufered fnancially and decided

to kill the deceased.

4.

It is alleged that on 16.12.2020, co-accused Nadim Munshi met the

deceased at market place and threatened him. On 17.12.2020 at 10.00 p.m.

the informant was present in his house with his sister-in-law. He heard a

AGP

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loud shout. He and his sister-in-law rushed to the spot and they saw that his

brother/deceased was lying injured on the ground. The accused Nadeem

and Sathe were assaulting the deceased with a Koita and a big knife. He was

brutally assaulted and then the assailants went away. The informant and his

friends immediately carried the deceased to Cooper Hospital where he was

declared dead. This is the prosecution story. The allegation against the

applicant that he had conspired with the co-accused. It is not the

prosecution case that he was present at the spot.

5.

Learned counsel Shri. Arun Rajput for the Applicant submitted that

the applicant is falsely implicated in the matter. There is no evidence on

record except the statement of Inayat Thakur.

6.

Learned APP opposed the application and relied on the statement of

Inayat Thakur. I have considered the submissions and considered the

averments of the application. I have perused the charge-sheet.

7.

Apart from the frst informant, there are statements of eye-witnesses

namely Kafl Ansari, Mohd. Anis Shaukatali Idris etc. All of them have

consistently stated about the assault committed by the main accused Nadim

and nobody has stated that the applicant was present at the spot. Therefore,

the only evidence against the applicant is the statement of Inayat Thakur.

AGP

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He was a tenant in the house of the present applicant. He has stated that the

applicant’s son used to abuse him and used to tell him to vacate their room.

It is his case that the applicant used to instigate his son to kill Amin. He has

stated that at about 15-20 days prior to that incident, he saw that at about

11.00 p.m. the applicant and h