ABA677 &546-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO. 677 OF 2021

1.

Ruksanabi w/o Saleem Shaikh

Age 45 years, Occu: Household

R/o Mehtar Colony, Malpur Road,

Dondaicha, Tq. Sindkheda, Dist. Dhule.

...

Applicants

2.

Shifa w/o Imran Shaikh

R/o Mehtar Colony, Malpur Road,

Dondaicha, Tq. Sindkheda, Dist. Dhule.

VERSUS

The State of Maharashtra,

Through Dondaicha Police Station,

District Dhule

...

Respondent

Mr. T. W. Pathan, Advocate for the applicants

Mr. V. M. Kagne, APP for the Respondent-State

WITH

ANTICIPATORY BAIL APPLICATION NO. 546 OF 2021

1.

Shaikh Mohsin Shaikh Siraj

Age 34 years, Occu: Business

...

Applicants

2.

Shaikh Nazim Bashir

Age 49 years, Occu: Business

R/o Dondaicha, Tq. Sindkheda,

District Dhule.

VERSUS

1.

The State of Maharashtra,

Through Police Station Officer,

Dondaicha Police Station, Dondaicha

Tq. Sindhkheda, District Dhule

...

Respondents

2.

The Superintendent of Police, Dhule,

Tq. & District Dhule

Mr Syed Azizoddi K., Advocate for the applicants

Mr. V. M. Kagne, APP for the Respondents-State

Page 1 of 5

ABA677 &546-21

CORAM

: V. G. BISHT, J.

RESERVED ON

: 17th August, 2021.

PRONOUNCED ON

: 24th August, 2021

ORDER:

1.

Present applications under section 438 of the Code of Criminal

Procedure, 1973 are preferred by the applicants seeking grant of pre-

arrest bail in connection with Crime No. 48/2021 registered with

Dondaicha Police Station, District Dhule for the offences punishable

under Sections 307, 353, 332, 333, 225, 143, 145, 147, 149, 269, 270,

271, 504 of the Indian Penal Code, 1860, Sections 37(1)(3), 135 of the

Maharashtra Police Act and Sections 2, 3 4 of Epidemic Diseases Act,

1897 and Section 11 of the Maharashtra Covid-19 Rules, 2020.

2.

It is the case of the prosecution that on 31.03.2021, the

accused Lulya alias Sharif Shaikh Saleem Shaikh and Imran Shaikh

Saleem Shaikh were taken into custody in connection with Crime No.

47/2021 registered with Dondaicha Police Station for the offences

punishable under sections 354(A)(D), 504, 506, 427 IPC and sections

11, 12 and 18 of the Protection of Children from Sexual Offences Act,

2012. It is alleged that thereafter 19 persons including the the present

applicants approached the police station followed by 150 to 200 persons

from the Muslim community. They were protesting the arrest of the

said accused. They did not listen and started abusing and pelting

stones and thereby caused injuries to the police personnel.

Page 2 of 5

ABA677 &546-21

3.

Mr. T. W. Pathan and Mr. Syed Azizoddin R., learned counsel

for the applicants, submit that no specific role has been attributed to the

present applicants regarding alleged assault or using criminal force to

deter public servants from discharging their duties. So also there is no

allegation that alleged assault was with intent to commit murder of any

particular police officer. In such circumstances, the applications deserve

to be allowed, argued learned counsel.

4.

Mr. V. M. Kagne, learned A.P.P., on the other hand, would oppose

the submissions by contending that the present applicants alongwith

mob of 150 to 200 persons gathered at the police station and started

pelting stones. The police personnel were injured. Criminal force so

used by the applicants was with a view to deter the public servants

from discharging their duties. In such circumstances, no leniency should

be shown and the applications are liable to be rejected, argued learned

A.P.P.

5.

The first information report would show that the present

applicants and others had gathered in the police station to protest the

the