BA 515/2024,
BA 526/2024 and
BA 527/2024
COMMON ORDER
1
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
COMMON ORDER
IN
MHCC020034042024
CRIMINAL BAIL APPLICATION NO. 515 OF 2024
( CNR NO.: MHCC02-003404-2024)
1. MR. AZHARUDDIN NASIRUDDIN SHAIKH
Aged 36 years, Occu: Business,
Residing at Sant Gadge Maharaj Colony,
Room no. 5, Near Amrutnagar,
Ghatkopar (W), Mumbai – 400086.
(Presently Lodged at Thane Central Prison, Thane)
2. MR. ARIF ADAM KHATRI
Age 39 years, Occu: Interior Designer,
Residing at Room no. 213,
Room no. 5, behind Building no 14,
Vikhroli (W), Mumbai – 400079.
(Presently Lodged at Thane Central Prison,
Thane.)
V/S
THE STATE OF MAHARASHTRA
Through Ghatkopar Police Station, Mumbai.
Police Station vide C.R. No.85/2024)
(C.C.T.N.S. No.126 of 2024)
…Applicants
(Orig. Accused No 7 & 8)
…Respondent
(Orig. Complainant)
BA 515/2024,
BA 526/2024 and
BA 527/2024
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COMMON ORDER
Appearance:Ld. Adv. Mubin Solkar a/w. Adv.Tahir Hussain for applicants/accused.
Ld. S. P.P. Manisha J. Parmar for the State/respondent.
AND
MHCC020034702024
CRIMINAL BAIL APPLICATION NO. 526 OF 2024
( CNR NO.: MHCC02-003470-2024)
1. MR. MOHAMMED HASHIM SALIM SHAIKH
Age 28 years, Occu: Rickshaw Driver
Residing at Room No. 20, Garibi Hatav Nagar,
Gaiban Shah Darga Road, Behind Home Guard,
Kamani, Kurla (West), Mumbai-400070
(Presently Lodged at Thane Central Prison, Thane)
2. MR. AHMED KALLU KHAN
Age 33 years, Occu:- Social Worker
Residing at Ghatkopar Industrial Estate,
Amrut Nagar Road, Near R City Mall,
Ghatkopar (West), Mumbai – 400 086
3. ASLAM WASIM KHAN
Age 32 years,
R/o. Room No. 103, Ghatkopar Industrial Estate,
Amrut Nagar Road, Ghatkopar (West), Mumbai-400 086
…Applicants
(Orig. Accused No 5,9,10)
BA 515/2024,
BA 526/2024 and
BA 527/2024
COMMON ORDER
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V/s.
THE STATE OF MAHARASHTRA
(At the instance of Ghatkopar
Police Station vide C.R. No.85/2024)
(C.C.T.N.S. No.126 of 2024)
…Respondent/State.

Appearance:Ld. Advocate Tausif Ansari for applicant/accused.
Ld. SPP Manisha J. Parmar for the State/respondent.
AND
MHCC020034712024
CRIMINAL BAIL APPLICATION NO. 527 OF 2024
( CNR NO.: MHCC02-003471-2024 )
MR. MOHAMMAD SUHEEL SHAUKAT ALI ANSARI
Aged 29, Occ:- Gents Tailor
R/o. – Gaiban Shah Darga Road,
N.S.S Road, Near Ahmadi Masjid,
Narayan Nagar, VTC, Ghatkopar (West),
Mumbai-400 086.
MR. HAKEEKULLAH ATIULLAH ANSARI
Aged 34, Occu:- Gents Tailor
Residing at Narayan Nagar, N.S.S. Road,
Near Ahmadi Masjid, Hill No. 2,
Ghatkopar (West), Mumbai- 400 86.
(Presently Lodged at Thane Central Prison, Thane)
…Applicants/Org.
Accused Nos. 19 and 20.

BA 515/2024,
BA 526/2024 and
BA 527/2024
COMMON ORDER
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V/s.
THE STATE OF MAHARASHTRA
(At the instance of Sr. Inspector of Police,
Ghatkopar Police Station, Mumbai
Vide C.R No. 1-85 of 2024.)

…Respondent/State.

Appearance:Ld. Advocate Usman Shaikh for the applicants/accused.
Ld. SPP Manisha J. Parmar for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 11.03.2024.
COMMON
1.

ORDER
The present three applications for bail are preferred by the
applicants/acused under Section 439 of Code of Criminal Procedure,
1973 (hereinafter referred to as Cr.P.C) in connection with the crime
vide C.R. No. 85 of 2024 (C.C.T.N.S. No.126 of 2024) dated 05.02.2024
registered with respondent/Ghatkopar Police Station for the offences
punishable under Sections 353, 332, 333, 341, 336, 337, 338, 141, 143,
145, 147, 149 of the Indian Penal Code, 1860, under section 7 of
Criminal Law (Amended) Act, 1932 and u/s. 37(1), 37(3) with 135 of
The Maharashtra Police Act, 1951.
2.

The respondent/state has strongly opposed to the bail plea
of the applicants by submitting their written say.
3.

Perused the applications plea submissions, grievance raised
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BA 526/2024 and
BA 527/2024
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COMMON ORDER
therein coupled with grounds raised by the applicants and documents
placed reliance by them. Also, perused the written say/objection of
respondent/state. Heard the Ld. Advocate for the applicants and the Ld.
S.P.P. for respondent/state.
4.

Having heard to the rival parties and considered their
raised submissions contentions and record availed prima-facie inclined
that on 04.02.2024 the ATS Squad of Gujrat State was approached to
the Ghatkopar Police Station for their assistance. Thereon, by it taken
into custody to Mufti Azhari and brought him in police station.
Thereafter at, 05:30 p.m. his at about 1000 followers gathered in front
of Ghatkopar Police Station. They all started to raise slogans shouts for
their unlawful demand to release the scholar of their religion Mufti
Azhari immediately without taking any action against him. When the
police were not giving any response to their pressure and terror,
thereon, they started to pelting stones towards the police and the
premises of police station. In said incident of crime in all 20 police
personnel and officials got injured. Thus, at the outset raised the crime
against 17 culprits.
5.

The submission of respondent is that the alleged incident
has been recorded under video shooting. Thereby, while technical
investigation and verifying video recording till now arrested 21
culprits/involvers. They all were actively spontaneously involved in
alleged crime. Their attributed role transpired clarified. Against them
sufficient evidence is availed. Thereby, they do not deserve for liberty.

BA 515/2024,
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BA 527/2024
6.

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COMMON ORDER
The vehement submission of applicants that till now 12 co-
accused are already enlarged on bail. Even against the present
applicants similar common and general in natures allegations are
levelled. Though they were not involved in alleged incident, however,
without any evidence proof arrested them. The allegation levelled in
FIR that huge mob was arose and they all were actively involved, but,
the impugned crime just raised only against 17 involvers and just seized
16 small stones and two chappals and shoes. By it prima-facie would
reveal about unwarranted conduct demeanour of the respondent/state.
In the circumstance they seeking the relief of liberty on relying the
ground of parity and other raised reasons.
7.

In
the
above
circumstance
cautiously
having
into
consideration the rival submissions contentions and record availed it
inclined, the vehement objection of respondent/state for the bail plea of
applicants that while the alleged incident of crime in all 1000 followers
of Mufti Azhari were gathered and they all had intentionally raised the
obstruction while discharging the official duty by the public
servant/police official and personnel in view of creating terror pressure
on them. They all had pelted stones wherein injured 20 police
personnel and officials. The medical testimonials have been collected.
The alleged incident of crime recorded under video recording. The same
is availed with him. Thereby, sufficient evidence is availed against
applicants in regard to their involvement participation in alleged crime.
Raising of attack on public servant while discharging official duty is
seriously considerable cognizable circumstance in impugned crime for
creating pressure terror in view of raising unlawful demand and for
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BA 526/2024 and
BA 527/2024
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COMMON ORDER
execution of it, pelting stones wherein got injured heap of the public
servants these facts are required to be considered seriously cautiously.
Though the certain co-accused are enlarged on bail. However, the
applicants do not deserve for liberty just on the ground of parity. By
such raised rival submissions contentions and the record availed it
inclined the allegations are levelled against the mob of 1000 persons.
The entire alleged incident of crime is recorded under the video
recording, however, the alleged crime initially raised against 17 culprits
and till now only 21 involvers are arrested. The record shows against
the applicants also similar in natures allegations have been raised.
While recording spot panchanama the investigating machinery has just
collected seized small 16 stones and two pairs of chappals and shoes. It
also revealed the investigation machinery has availed sufficient
considerable time to investigate clarify the most material relevant
concern facts and circumstance. Though the submission of respondent
that the factum of raising of attack on public servant while discharging
official duty is required to be considered seriously. However, in view of
nature of levelled allegations against the applicants and the alleged
requirement of further investigation of material relevant facts and
detection of other involvers, for that I felt further custodial detention of
any applicant would not essential necessary for any considerable reason
cause. Moreover, it is my humble view and opinion that in above such
eventualities by saddling stringent conditions would appropriate to have
liberty to applicants. With this passed the following order.

BA 515/2024,
BA 526/2024 and
BA 527/2024
COMMON ORDER
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:ORDER:
1.
hereby
The present Criminal Bail Application No.515 of 2024 is
allowed,
subject
to
following
conditions
by
the
applicant/accused.

2.
hereby
The present Criminal Bail Application No.526 of 2024 is
allowed,
subject
to
following
conditions
by
the
applicant/accused.

3.
hereby
The present Criminal Bail Application No.527 of 2024 is
allowed,
subject
to
following
conditions
by
the
applicants/accused.

a.

The
Applicant
No.1
MR.AZHARUDDIN
NASIRUDDIN
SHAIKH, Age 36 years, Occu Business, R/o. Sant Gadge Maharaj
Colony, Room no. 5, Near Amrutnagar, Ghatkopar (W), Mumbai – 400
086 and the applicant no. 2. MR. ARIF ADAM KHATRI, Age 39 years,
Occu Interior Designer, residing at Room no. 213, Room no. 5, behind
Building no 14, Vikhroli (W), Mumbai – 400079 (in Criminal Bail
Application No.515 of 2024), the applicant no.1 MR. MOHAMMED
HASHIM SALIM SHAIKH, Age 28 years, Occu Rickshaw Driver, residing
at Room No. 20, Garibi Hatav Nagar, Gaiban Shah Darga Road, Behind
Home Guard, Kamani, Kurla (West), Mumbai-400070, the applicant no.
2. MR. AHMED KALLU KHAN, age 33 years, Occu- Social Worker,
residing at Ghatkopar Industrial Estate, Amrut Nagar Road, Near R City
BA 515/2024,
BA 526/2024 and
BA 527/2024
COMMON ORDER
9
Mall, Ghatkopar (West), Mumbai – 400 086 and the applicant no. 3.
ASLAM WASIM KHAN, Aged 32 years, R/o. Room No. 103, Ghatkopar
Industrial Estate, Amrut Nagar Road, Ghatkopar (West), Mumbai-400
086 (in Criminal Bail Application No.526 of 2024), the applicant no. 1
MR. MOHAMMAD SUHEEL SHAUKAT ALI ANSARI, Age 29 years, OccGents Tailor, R/o.- Gaiban Shah Darga Road, N.S.S Road, Near Ahmadi
Masjid, Narayan Nagar, VTC, Ghatkopar (West), Mumbai-400 086 and
the applicant no.2 MR. HAKEEKULLAH ATIULLAH ANSARI, Age 34
years, Occu- Gents Tailor, residing at Narayan Nagar, N.S.S. Road, Near
Ahmadi Masjid, Hill No. 2, Ghatkopar (West), Mumbai-400 86 (in
Criminal Bail Application No.527 of 2024), be released on executing a
P.R. Bond of Rs.1,00,000/- (Rupees One Lakh Only) and furnish one or
two solvent sureties in the like amount by each in connection with
crime vide C.R. No.85 of 2024 (C.C.T.N.S.No.126 of 2024) registered
with Ghatkopar Police Station for the offences punishable under
Sections 353, 332, 333, 341, 336, 337, 338, 141, 143, 145, 147, 149 of
the Indian Penal Code, 1860, under section 7 of Criminal Law
(Amended) Act, 1932 and u/s.37(1), 37(3) with 135 of The
Maharashtra Police Act, 1951.

b.

The applicants shall not tamper or hamper the prosecution
witnesses and evidence by any manner.

c.

The
applicants
shall
record
their
attendance
with
respondent/ Ghatkopar Police Station on every Saturday of every week
between 11.00 a.m. to 05.00 p.m. until submission of charge-sheet.

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COMMON ORDER
d.

The applicants shall attend every date of trial without fail.

e.

The applicants shall not indulge in any criminal activity.

f.

The applicants shall not leave India without prior
permission of Ld. Trial Court.

g.

The applicants shall submit their proper considerable
residential address proof as well as telephone and cell numbers with
respondent, in view of their contact.

h.

The applicants to make surety compliance before Ld.

Trial/Committal Court.

i.

Accordingly, inform to the Ld. Trial/Committal Court,
Investigating Officer/ Ghatkopar Police Station by sending copy of this
order.

j.

The respondent/ Ghatkopar Police Station to take note of
this order.

k.

The present Criminal Bail Application Nos.515 of 2024,
Criminal Bail Application No.526 of 2024 and Criminal Bail Application
No.527 of 2024 stand disposed of accordingly.

BA 515/2024,
BA 526/2024 and
BA 527/2024
l.

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COMMON ORDER
The authenticated copy of this order be retained with the
proceedings of the Criminal Bail Application No.526 of 2024 and
Criminal Bail Application No.527 of 2024.
Dictated and pronounced in open court
Sd/-
Dictated on
: 11.03.2024
Directly typed on : 11.03.2024
Date of sign
: 12.03.2024
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
12/03/2024, 6.15 p.m.
UPLOAD DATE AND TIME
Mr. PRASAD S PEDNEKAR
NAME OF STENOGRAPHER
Name of the Judge (with Court Room No.)

HHJ S.M. Tapkire,(C.R.No.60)
Addl. Sessions Judge.,City Civil &
Sessions Court, Mumbai
Date of pronouncement of Judgment/Order
11.03.2024
Order signed by P.O. on
12.03.2024
Order uploaded on
12.03.2024