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BA 865.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

BAIL APPLICATION NO. 865 OF 2021

with CRIMINAL APPLICATION NO.2215 OF 2021

Mujib Khan s/o Mirza Khan Pathan

Age 57years, Occu. Business,

R/o Indraprasth Colony, Gulshan Nagar,

Balepir, Beed, Tq. And Dist. Beed.

(At present in Judicial Custody)

..

Applicant

Versus

The State of Maharashtra,

Through Police Station Officer,

Shivajinagar Police Station, Beed

Tq. Dist. Beed

..

Respondent

…..

Advocate for Applicant : Mr. S.J. Salunke

Advocate/APP for Respondent-State: Mr. G.O. Wattamwar

Advocate for Applicant in Appln/2215/21 : Mr. Menezes Joslyn

…..

AND

BAIL APPLICATION NO. 409 OF 2021

with CRIMINAL APPLICATION NO.2214 OF 2021

Awez Kazi Mukhid Kazi,

Age: 27 yrs, Occu. Labour,

R/o Kazi Nagar, Beed

Tq. And Dist. Beed.

..

Applicant

Versus

The State of Maharashtra,

(At the instance of Shivajinagar

Police Station, Tq. & Dist. Beed

..

Respondent

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BA 865.21

…..

Advocate for Applicant : Mr. Abhaysinh Bhosale

Advocate/APP for Respondent-State: Mr. G.O. Wattamwar

Advocate for Applicant in Appln/2214/21 : Mr. Menezes Joslyn

…..

AND

BAIL APPLICATION NO. 381 OF 2021

with CRIMINAL APPLICATION NO.2209 OF 2021

Sayyed Naser Sayyed Noor,

Age: 30 years, Occu. Labour,

R/o Bharatbhushan Nagar,

Balepeer, Beed.

..

Applicant

Versus

The State of Maharashtra

..

Respondent

…..

Advocate for Applicant : Mr. Joydeep Chatterji

Advocate/APP for Respondent-State: Mr. G.O. Wattamwar

Advocate for Applicant in Appln/2214/21 : Mr. Menezes Joslyn

…..

CORAM : M.G. SEWLIKAR, J.

RESERVED ON: 22^nd December, 2021

PRONOUNCED ON: 20^th January, 2022

ORDER :-

All these applications can be disposed of by common order as they

arise out of the same crime.

2.

Facts leading to these applications in narrow compass can be

stated as under:

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BA 865.21

3.

Informant is the brother of the deceased-Sayyed Sajed Ali. On

26^th September, 2013 accused-Anwar Khan alias Gujjar Khan s/o Mirza Khan

had demanded ransom from deceased-Sayyed Sajed Ali. Deceased-Sayyed

Sajed Ali did not give ransom, as a result of which accused-Anwar Khan alias

Gujjar Khan assaulted the deceased and had attempted to commit his murder.

Deceased-Sayyed Sajed Ali lodged a complaint with the police on account of

this incident with Shivajinagar Police Station. Accused-Anwar Khan alias

Gujjar Khan used to threaten deceased-Sayyed Sajed Ali, informant and her

sister-Sayyed Bashirunnisa Begum to withdraw the case against accused-

Anwar Khan alias Gujjar Khan.

4.

It is further alleged in the FIR that on 19^th September, 2019

between 2.30 pm and 3.00 pm deceased-Sayed Sajed Ali was sitting in the

hotel of Usman Bhai. Informant was standing near a pan shop. At that very

moment accused-Anwar Khan alias Gujjar Khan, accused-Sayyed Naser Sayyed

Noor, Sayyed Shahrukh Sayyed Noor, accused-Ubed, accused-Shaikh Sarfaraz

@ Saru Don, accused-Imran Pathan, accused-Pathan Mujib Khan Mirza Khan,

Shaikh Shahbaz Shaikh Kalim, Shaikh Amar Shaikh Akbar, Shaikh Babar

Shaikh Yusuf, Awez Kazi, Shaikh Imran @ Kala Imran Shaikh, Shaikh Mazhar

@ Half Murder Shaikh Rahim along with four to five unknown persons came

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BA 865.21

there. Accused-Anwar Khan was armed with a revolver and was armed with a

dangerous weapon called kukri, accused Sayyed Naser was also armed with

kukri, accused-Sayyed Shahrukh and Ubed were armed with sickle. Shaikh

Sarfaraz was armed with sword, Shaikh Imran was armed with sickle. Mujib

Khan was armed with sickle, Shaikh Shahbaz was armed with kukri, Shaikh

Amar was armed with kukri, Shaikh Babar was armed with sickle, Awez Kazi

was armed with pipe, Shaikh Imran @ Kala Imran was armed with iron pipe,

Shaikh Mazhar @ Half Murder was armed with wooden rod. They assaulted

deceased-Sayyed Sajed Ali on chest, throat and hand by means of the weapons

armed with them. All of them fled in their respective vehicles from the spot.

Informant shifted the deceased to the hospital. He was pronounced dead on

arrival. On