BA 421/2024,
BA 422/2024 and
BA 466/2024
1
COMMON ORDER
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
COMMON ORDER
IN
MHCC020028232024
CRIMINAL BAIL APPLICATION NO. 421 OF 2024
( CNR NO.: MHCC02-002823-2024)
Abdul Rehman Abdulla Kazi
Age 61 years, Occupation: Driver,
Residing at 412, Kshama Society,
Opp. Vitthal Rakhubai Mandir,
Sagar Nagar, Upper Depo Pada,
Park Site, Vikhroli West, Mumbai-400079.
V/s.
The State of Maharashtra,
(At the instance of Sr. Inspector
of Police, Ghatkopar Police Station,
Mumbai Vide C.R No. I-85 of 2024.)
(CCTNS NO. 126/2024)
…Applicant/Accused No.4
…Respondents/State.

Appearance:Ld. Adv. Siddique and Ld. Adv. Mushtaq Shaikh a/w. Ld. Adv. Passbola
for the applicant/accused.
Ld. S. P.P. Kekanis a/w. Ld. SPP Manisha J. Parmar for the
State/respondent.
AND
BA 421/2024,
BA 422/2024 and
BA 466/2024
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COMMON ORDER
MHCC020028242024
CRIMINAL BAIL APPLICATION NO. 422 OF 2024
( CNR NO.: MHCC02-002824-2024 )
Mohammad Bilal Abdul Rehman Kazi
Age 26 years, Occupation: Service,
Residing at 412, Kshama Society,
Opp. Vitthal Rakhubai Mandir,
Sagar Nagar, Upper Depo Pada,
Park Site, Vikhroli West, Mumbai-400079.
V/s.
The State of Maharashtra,
(At the instance of Sr. Inspector of Police,
Ghatkopar Police Station, Mumbai Vide
C.R No. I-85 of 2024.)

…Applicants/Accused
…Respondent/State.

Appearance:Ld. Adv. Siddique a/w. Ld. Adv. Passbola for the applicants/accused.
Ld. S. P.P. Kekanis a/w. Ld. SPP Manisha J. Parmar for the
State/respondent.
MHCC020031112024
AND
BA 421/2024,
BA 422/2024 and
BA 466/2024
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COMMON ORDER
CRIMINAL BAIL APPLICATION NO. 466 OF 2024
( CNR NO.: MHCC02-003111-2024 )
1. MR. FARHAN BADRUDDIN SHAIKH @ GUDDU
Aged about 42 years, Occ.: Nil
R/o.: Room No.01, A/28, Road No.06,
Park Site Vikhroli (W), Mumbai
2. MR. SHOEB SHARIF HAMDULE
Age-46 years, Occ:- Nil
A/7/6, BMC Colony, Nr. Madina Masjid,
Park Site, Vikhroli (W), Mumbai
…Applicants/Accused Nos.11 and 13
V/s.
The State of Maharashtra,
(At the instance of Sr. Inspector
of Police Ghatkopar Police Station
vide C.R. No.85/2024)
…Respondent/State.
Appearance:Ld. Adv. Yogita Gade a/w. Ld. Adv. Samadhan Sulane for the
applicants/accused.
Ld. S. P.P. Kekanis a/w. Ld. SPP Manisha J. Parmar for the
State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
S.M. TAPKIRE (C.R.60)
DATE : 01.03.2024.
ORDER
1.

These applications 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
BA 421/2024,
BA 422/2024 and
BA 466/2024
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COMMON ORDER
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 at Exh-3 in Cri. BA No.
421/2024 and Cri. BA No. 422/2024 respectively, and at Exh-4 in Cri.
BA No. 466/2024.
3.

Perused the application plea submissions, grievance raised
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
initially the impugned FIR raised against in all 17 culprits by raising
allegations by the informant Police Official Ganesh Arvind Jadhav that
on 04.02.2024 the Gujrat ATS Squad was approached to Ghatkopar
Police Station for having aid/assistance in view of taken into custody
the person Mufti Salman Azhari resident of Amrutnagar, Vikhroli,
Mumbai. Thereby, with the assistance of them the said Mufti Azhari has
brought in Ghatkopar Police Station. The said fact was spread in his
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BA 422/2024 and
BA 466/2024
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COMMON ORDER
followers, due to that they started to gather at the outside the yard of
Ghatkopar Police Station. Resultantly, huge mob/crowd gathered. All
the gathered supporters started to raise the demand for release of Mufti
Azhari forthwith without taking any legal actions against him. Upon
declining the same the said supporters started to raise aggressive
slogans and by it raising unlawful demand spontaneously. When they
have inclined the police authority not ready to release him. Thereon the
said mob started to pelting stones on the police who were deputed to
control the said mob and at the premises of police station. In said
incident in all 20 police officials and personnel got injured. They have
caused sustained serious in natures injuries. The alleged incident of
crime recorded under the video shooting. Thereupon, through the
technical investigation and video recording detected transpired the
involved culprits in said crime, thereby, till now arrested 21 involvers
including with the applicants of said crime. Against all of them raised
the plea grievance allegations that they were actively and spontaneously
involved in alleged crime. Their involvement participation and
attribution of specific role of pelting stones for creating pressure terror
to have release of the arrested person Mufti Azhari is clarified. It is
alleged that against them sufficient considerable evidence is availed in
regard to their involvement participation and attribution of role to
commit the impugned crime.
5.

The applicants have come with the case that though their
names are not appeared in FIR as well as no specific clear allegations
raised against any else by any manner. However, without any reason
and cause arrested them. The informant police official has raised the
BA 421/2024,
BA 422/2024 and
BA 466/2024
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COMMON ORDER
impugned crime due to pressure and direction of his superior with
certain ulterior motive. Against them merely raised the suspicion in
regard to their involvement and participation in alleged incident. In fact
no any police personnel or official injured in alleged incident by any
manner. Moreover, as per levelled allegations raised facts circumstance
no any alleged offence made out constitute against any applicant by any
manner. They all are arrested from their residence. The alleged incident
occurred on 04.02.2024 and considering the allegations plea grievance
raised in FIR certainly substantial concern material witnesses would be
police officials. As per submission raised in remand reports certain
relevant material facts circumstances are already investigated. Thereby
at now nothing remained for requirement of further custodial detention
of any applicant. They also raised general grounds.
6.

The respondent/state has strongly opposed to the bail plea
of applicants principally on the ground that on 04.02.2024 upon taken
into custody to Mufti Salman Azhari by the ATS Squad of Gujrat and
brought him in Ghatkopar Police Station. Thereon, near at the
Ghatkopar Police Station started to gather his followers who were the
residents of Mumbai and Thane. Thereby, at 05:30 p.m. at about 900 to
1000 followers gathered in front of Ghatkopar Police Station. They all
were raising slogans and shouts for immediately releasing to the scholar
of their community Mufti Salman Azhari. Upon inclined to them the
police doesn’t intending to release him. Thereon they started to pelting
stones on the deputed police personnel and officials. Even they have
obstructed to the passerby and to police personnel and officials who
wants to enter in premises of police station. In alleged incident of crime
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BA 422/2024 and
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COMMON ORDER
in all 20 police personnel and officials are got injured. Some police have
got fractured injuries. The alleged incident of crime has recorded under
video shooting. Thereupon, gone through the technical investigation,
video recording and the appeared involver in alleged incident of crime
by detecting transpiring them arrested in all 21 involvers. The
applicants and their companions have intentionally raised the
obstruction while performing the official duties by the public servant.
Even they have pelted stones on the said public servant in view of
raising creating pressure for releasing to the arrested Mufti Azhari. The
conduct behave demeanour of applicants they have committed serious
in nature crime. Heap of the involvers/accused are detected and
transpired. The detail exhaustive investigation is yet to completed. In
the circumstance the applicants do not deserve to have the liberty.
7.

In above such circumstance cautiously gone through the
record material availed raised submissions contentions objections and
especially the plea grievance allegations raised in FIR that on
04.02.2024 the ATS Squad of Gujrat approached to the Ghatkopar
Police Station for their assistance and by it taken into custody to Mufti
Azhari and brought in police station. Thereon, at about 05:30 p.m. 900
to 1000 his followers gathered in front of Ghatkopar Police Station and
they all started to raise unlawful demand to release the Mufti Azhari
immediately without taking any action against him. For which they
started to raise aggressive spontaneous slogans and shouts. Resultantly
they started to pelting stones towards the police and the premises of
police station. In said incident in all 20 police personnel and officials
got injured. It is submitted that the alleged incident has been recorded
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BA 422/2024 and
BA 466/2024
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COMMON ORDER
under video shooting. Thereby, as per technical investigation and
verifying video recording initially raised crime against in all only 17
culprits/involvers
and
then
arrested
21
culprits/involvers.

The
vehement submission of applicants that though they were not involved
in alleged incident. However, initially malafidely and without any
evidence proof arrested them. Moreover, as per nature of levelled
allegations grievance and especially the alleged crime raised against in
all 1000 involvers/followers. However, raised the crime only against 17
involvers and seized 16 small stones and two chappals and shoes. By it
prima-facie would reveal about malafidely action taken against the
applicants without any reason cause direct indirect evidence. Whilst the
objection of respondent/state that in all 1000 followers of arrested
Mufti Azhari were gathered in front of Police Station. They have
intentionally raised the obstruction in the official duty discharging by
the public servant/police official and personnel. In view of creating
terror pressure they all had pelted stones and injured 20 police
personnel and officials. The medical testimonials have been collected.
The alleged video record of incident of crime is already availed with
him. Raising of attack on public servant while discharging official duty
by them by creating mob crowd and to raise unlawful demand and for
execution and persuasion the same pelting stones and injuring public
servants
required
to
be
considered
seriously
cautiously.

Thus
considering above such raised facts circumstances plea submission
grounds record documents material availed prima-facie inclined in FIR
it is alleged that upon brought to the Mufti Azhari in the Ghatkopar
Police Station thereon within short span allegedly 900 to 1000 his
followers who were residents of Mumbai and Thane gathered in front of
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BA 466/2024
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COMMON ORDER
Ghatkopar Police Station. Allegedly the entire alleged incident is
recorded under the video recording by the concerned police official and
then raised the FIR against the detected transpired just 17 accused as
well as till now only arrested to 21 involvers. By such facts circumstance
and record thereof, it inclined the applicants are arrested as per video
recording availed with respondent/state. In regard to remaining
involvers they yet did nothing. Even in that regard no any explanation
clarification is assigned. Further, the record reveals in view of levelled
allegations in regard to 1000 involvers in said mob and the alleged
factum of pelting of stones while recording spot panchanama just
collected seized small 16 stones and two pairs of chappals and shoes.
Moreover it also inclined as the alleged incident occurred on
04.02.2024, however, till now just 21 involvers are arrested. They all
are behind bar. Even the submission of respondent is that the
substantial
material
facts
circumstance
are
investigated,
injury
certificates medical testimonials are collected. However, at now just
remained the fact to detect transpired the other involver of said mob.
Except that nothing remained. By such facts circumstance and especially
the respondent/state nothing clarified about specifically clearly
involvement participation of every applicant each’s attributed role in
view of commission of alleged crime and as the sufficient time is
already
availed
to
investigating
machinery
for
investigation
interrogation of them in regard to common and similar allegations
grievance raised against them. Thereby, I felt in such eventualities
further custodial detention of applicants would not essential necessary
for any material considerable cognizable reason cause purpose.
Herewith it is required to be clarified that though the fact circumstance
BA 421/2024,
BA 422/2024 and
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COMMON ORDER
and allegation in regard to raising attack on public servant while
discharging official duty is required to be considered appreciated
seriously considerable cognizable circumstance. However, in the case in
hand against the applicants neither in FIR nor in their say /objection
raised specific clear exact detail minute exhaustive plea grievance
allegation against any applicant. Thereby, on relying the mere
allegations and alleged involvement participation of them would not
appropriate to detain them behind bar for indefinite and uncertain
period. However, it is my humble view and opinion that by saddling
stringent conditions would appropriate to have liberty to applicants.
With this passed the following order.
:ORDER:
1.
The present Criminal Bail Application No.421 of 2024 is
hereby allowed, subject to following conditions by the
applicant/accused.
2.
The present Criminal Bail Application No.422 of 2024 is
hereby allowed, subject to following conditions by the
applicant/accused.
3.
The present Criminal Bail Application No.466 of 2024 is
hereby allowed, subject to following conditions by the
applicants/accused.
a.
The applicant Abdul Rehman Abdulla Kazi, age 61 years,
residing at 412, Kshama Society, Opp. Vitthal Rakhubai Mandir, Sagar
Nagar, Upper Depo Pada, Park Site, Vikhroli West, Mumbai-400079 (in
Criminal Bail Application No.421 of 2024), the applicant Mohammad
BA 421/2024,
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COMMON ORDER
Bilal Abdul Rehman Kazi, age 26 years, residing at 412, Kshama Society,
Opp. Vitthal Rakhubai Mandir, Sagar Nagar, Upper Depo Pada, Park
Site, Vikhroli West, Mumbai-400079 (in Criminal Bail Application
No.422 of 2024), the applicant no.1 MR. FARHAN BADRUDDIN
SHAIKH @ GUDDU, age 42 years, residing at Room No.01, A/28, Road
No.06, Park Site Vikhroli (W), Mumbai and the applicant no.2
MR.SHOEB SHARIF HAMDULE, age 46 years, residing at A/7/6, BMC
Colony, Nr. Madina Masjid, Park Site, Vikhroli (W), Mumbai (in
Criminal Bail Application No.466 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 Wednesday of every
week between 11.00 a.m. to 05.00 p.m. until submission of chargesheet.
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.

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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.
this order.

The respondent/ Ghatkopar Police Station to take note of
k.
The present Criminal Bail Application Nos.421 of 2024,
Criminal Bail Application No.422 of 2024 and Criminal Bail Application
No.466 of 2024 stand disposed of accordingly.
l.
The authenticated copy of this order be retained with the
proceedings of the Criminal Bail Application No.422 of 2024 and
Criminal Bail Application No.466 of 2024.
Dictated and pronounced in open court
Sd/-
Dictated on
: 01.03.2024
Directly typed on : 01.03.2024
Date of sign
: 05.03.2024
(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”
06/03/2024, 4.38 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
01.03.2024
Order signed by P.O. on
05.03.2024
Order uploaded on
06.03.2024