High Court
Legal Reasoning
1 ba2211.23 with other bas IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABADBAIL APPLICATION NO. 2211 OF 2023WITH BA/2005/2023, WITH BA/2076/2023, WITH BA/2082/2023, WITH BA/2146/2023ASIF SULEMAN KHAN VERSUSTHE STATE OF MAHARASHTRA…Advocate for the applicant : Mr. Nitin Bhavar Patil ( for LLPAdvocate and Legal Consultency) (in BA/2211/2023)Advocate for the applicant : Mr. Shaikh Mazahar A. Jahagirdar(In BA/2005/2023 & 2146/2023)Advocate for the applicant : Mr. S.S. Kulkarni (InBA/2076/2023)Advocate for the applicant : Mr. Sanket N. Suryawanshi (inBA/2082/2023)APP for the Respondents State : Mr. S.A. Gaikwad... CORAM : S.G. CHAPALGAONKAR, J. Date :- 13.12.2023.PER COURT : 1.The applicants in respective bail applications areseeking regular bail in connection with Crime No. 641 of 2023dated 09.10.2023 registered with Police Station, Ahmednagar 2 ba2211.23 with other bas Camp, District Ahmednagar for the offences punishable underSections 307, 364, 120-B, 143, 147, 148, 149 of the IndianPenal Code.2.The investigation has been set in motion on the basisof information given by one Mahesh Ashok Gorade, who allegesthat he is serving as Manager on Universal Petrol Pump atMumbai. On 08.10.2023, since he had vacation he came to hishome at Bhingar, District Ahmednagar. His father has cateringbusiness, where some ladies are employed. One Suhana Pathanand her mother were employed with his father therefore, theinformant had acquaintance with her. It is further alleged thatat about 7.00 p.m. while the informant was at Panchshil arch, alady wearing a Burkha called him and asked the applicant howhe is at that place. She reminded that she was employed withthe father of the informant. While they were talking, accusedJafar Khan, son of Asad Medical shop owner and other 3accused persons approached informant and asked him why heis speaking with a lady of their community and raised assault offists and kick blows. Accused persons forcibly carried theinformant on their two wheelers towards a Mosque. AccusedSoheb Momin, Shoheb Momin and other two unknown persons 3 ba2211.23 with other bas joined the accused who had carried him to a Mosque and all ofthem raised assault against the informant by fists and kickblows.3.Thereafter, accused persons took the informant ontheir motorcycle to More vasti and raised further round ofassault. At that place one of the accused hit informant on headand face by plastic pipes. At that time accused Altaf Sayed,Shakir Shaikh Almgir and other 3 to 4 unknown accusedarrived and raised a round of assault on informant by fists andkick blows and forcibly carried him towards the Alamgirhonorarium (Shaha Corner) and again raised an assault whiledemanding keys of honorarium. Thereafter, the informant wasput in a white colour Scorpio jeep. Accused persons boarded inthe jeep along with the informant. Accused persons were in thecontact with one Mujju Shaikh and following his instructionsand they were threatening the informant to kill. While theinformant was being carried in the jeep the police intercepted atSupa and apprehended the accused persons. On the basis ofaforesaid information in all 15 accused persons have beenarrested including the applicants. The prayers of the applicantsfor grant of bail have been rejected by the Court of Sessions. 4 ba2211.23 with other bas Hence this application.4.The learned Advocate appearing for the applicantswould submit that the applicants have been falsely implicated inthe aforesaid crime. The allegations in the F.I.R. are vague andunspecific. A concocted story has been introduced to book thelarge number of accused persons. The offence under Section307 would not attract in the present case. Admittedly theinformant is assaulted by fists and kick blows. No weapons havebeen used. The applicants are behind the bar from 09.10.2023.The period of two months have been passed. The investigationin the matter is practically over. The further detention of theapplicants would not be necessary.5.The learned APP strongly opposed the prayer forgrant of bail. He would submit that the incident has colour ofreligious hatred. An attack on the informant was motivated todisturb the fabric of the society. Most of the applicants arehaving criminal antecedents. He further submits that the firstinformant has suffered grievous injuries i.e. fractures on leftand right ulna. A brutal attack was raised against a lonelyvictim. In case of release of the applicants, a possibility of 5 ba2211.23 with other bas recurrence of similar incident cannot be ruled out.6.Having considered the submissions advanced, it canbe gathered that all 15 accused persons have been arrested inpursuance of the aforesaid crime. The accused Jafar Khanalleged to be an assailant. Accused Faijal Shaikh, Imran Shaikh,Arbaj Kazi, Asif Khan, Anis Pathan and Abdul Shaikh areapprehended while proceeding in a Scorpio jeep. Accused AbdulRaheman alleged to have assaulted the informant by plasticpipe. Unknown accused were subsequently identified as referredin supplementary statement of the informant.7.A perusal of the medical certificate shows that thefirst informant had suffered contusion, abrasion, C.L.W. overright leg, blunt trauma on chest and abdomen and fracture onright and left ulna.8.Although Section 307 of I.P.C. is invoked, accusedpersons have not used any weapon in commission of theoffence. The informant was attacked by fists and kick blowsand injuries are in the nature of trauma with fracture to bothulna. Accused persons are arrested immediately after theincident and they are behind the bar from 09.10.2023. The 6 ba2211.23 with other bas period of two months has been lapsed from the date of theirarrest.9.Although some of the accused persons have beennamed applicants in the Bail Application No. 2005 of 2023,2146 of 2023 and 2082 of 2023 are not named in the F.I.R. Theidentification parade has been conducted, however, theinformant could not recognize them to be the assailants. It isdifficult to draw an inference regarding the motive of the crime.The incident incepted owing to conversation of the firstinformant with a lady wearing in Burkha, however, prima-facienature of dispute appears to be different. As rightly pointed outby the learned Advocates appearing for the applicants,informant used his mobile phone during the course of hisabduction and contacted with his friend and the familymembers. The prosecution relies upon the statement of witnessSuresh Jadhav, however, he states the names of the accusedpersons on the basis of hearsay information. Similarly theaccused Abhijit and Deepak had no acquaintance with theaccused persons. They have named of accused persons on thebasis of hearsay information. Taking into account aforesaidcircumstances and the fact that the investigation in the matter 7 ba2211.23 with other bas is practically over, further detention of the applicants need notbe continued, hence the case is made out for grant of bailsubject to certain conditions. Hence the following order :O R D E R i. Bail Applications are hereby allowed.ii. The applicants – 1) Asif Suleman Khan, 2) AmjadHamid Shaikh, 3) Vasim Shabbir Shaikh, 4) ShakirAbdul Gani Shaikh 5) Mujahid Rais Sayyed, 6) AsadGaffar Shaikh 7) Tanveer Bashir Pathan be released onbail in connection with Crime No. 641 of 2023 registeredwith Ahmednagar Camp police station, DistrictAhmednagar, for the offences punishable under Sections307, 364, 120-B, 143, 147, 148, 149 of the Indian PenalCode on their furnishing P.B. & S.B. of Rs.50,000/- (Rs.Fifty Thousand) each, with solvent sureties each for thelike amounts on the following conditions :-a] The applicants shall visit the concerned policestation once in a week i.e. on every Monday inbetween 10.00 a.m. to 2.00 p.m. till filing of thecharge-sheet.b)The applicants shall not tamper the prosecutionevidence in any manner or shall not establishcontact with any of the witnesses acquaintedwith the facts of this case.c] The applicants shall not indulged in anycriminal activities.d)In case of registration of any similar offence,
Decision
8 ba2211.23 with other bas their bail shall be liable to be cancelled.iii. Bail application is accordingly disposed off. ( S.G. CHAPALGAONKAR ) JUDGE mahajansb/