28-BA-2052-2055-2056-1795-2042-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 1795 OF 2022

1. Rizwan Khan Mohammad Khan

2. Shaikh Nasir Shaikh Mehboob

3. Altaf Anwar Shaha

...Applicants

Versus

State Of Maharashtra

...Respondent

WITH

CRIMINAL BAIL APPLICATION NO. 2042 OF 2022

1. Mohammad Ismail Mohammd Israil

2. Mohammad Rafizue Mohammad Yunus

3. Javeed Khan Ataullah Khan

...Applicants

Versus

State Of Maharashtra

...Respondent

WITH

CRIMINAL BAIL APPLICATION NO. 2052 OF 2022

Shaikh Sabir Shaikh Mustafa

...Applicant

Versus

The State Of Maharashtra

...Respondent

WITH

CRIMINAL BAIL APPLICATION NO. 2055 OF 2022

Mohammad Zahid Anees Ahmed @ Kachchi

...Applicant

Versus

The State Of Maharashtra

...Respondent

WITH

CRIMINAL BAIL APPLICATION NO. 2056 OF 2022

Waseem Akhtar Mohammad Saleem

...Applicant

Versus

The State Of Maharashtra

...Respondent

Sajakali Jamadar

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SAJAKALI

LIYAKAT

JAMADAR

Digitally signed

by SAJAKALI

LIYAKAT

JAMADAR

Date:

2022.10.13

14:00:03

+0530

28-BA-2052-2055-2056-1795-2042-2022.doc

….

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

Bail Application Nos. 1795 of 2022, 2042 of 2022.

Mr. N.R. Bubna, for the Applicants in BA Nos.2052 of 2022, 2055 of

2022, 2056 of 2022.

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

….

CORAM

:

PRAKASH D. NAIK, J.

DATE

:

7^th OCTOBER, 2022.

PER COURT

:

1.

The applicants in all these applications are arrested in

connection with C.R. No.74 of 2022, registered with City Police

Station, Malegaon, Dist. Nashik for offences punishable under

Sections 307, 353, 332, 143, 144, 147, 148, 149, 427, 186, 120-B

of IPC and Section 37(1)(3) of Bombay Police Act.

2.

The brief facts of prosecution case are as follows :

On account of the incidents occurred in Tripura Bandh was

called out by various groups/organisations. It is alleged that

while the mob had gathered, information received by the

police that some mob had assembled at Bombay Agra Road

and proceeding towards Mosam River and are involved in

stone pelting and therefore the police staff went towards the

said place. It is alleged that a mob of 1000 to 1500 was

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gathered. S.D.P.O. was trying to convince the mob to remain

peaceful and to go back. However, the mob did not listen.

Request of the police were turned down. They started pelting

stones towards the police staff and resultantly some police

officers were injured. The police used force to disburse the

said mob. On the basis of the CCTV footage and taking the

help of the footages of Whats app relating to the speeches

delivered by some of the political and religious leaders, FIR

was registered.

3.

The applicant in Bail Application No.2052 of 2022 was

arrested on 08.12.2021. The applicant in Bail Application No.1795

of 2022, was arrested on 17.11.2021. The applicant in Bail

Application No.2055 of 2022 was arrested on 20.11.2021. The

applicant in Bail Application No.2056 of 2022 was arrested on

08.12.2021, and the applicant in Bail Application No.2042 of 2022

was arrested on 08.12.2021.

4.

The common submission of the learned Advocates appearing

for the applicants is that the applicants are in custody from the date

of their arrest. Further custody is not required. Several persons

were arrested in this case. Investigation is completed and charge-

sheet is filed. No specific role has been attributed to the applicants.

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Some of them were impleaded in subsequent statements recorded

belatedly. There is no strong evidence to establish their presence

at the scene of offence. There is no evidence to substantiate charge

under Section 307 of IPC. Mr. Kadam learned Advocate appearing

for the applicant in Bail Application No. 1795 of 2022 & 2042 of

2022, submitted that the applicants are not named in the FIR.

There are no