BA 482/2024,
BA 483/2024 and
BA 565/2024
COMMON ORDER
1
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
COMMON ORDER
IN
MHCC020033292024
CRIMINAL BAIL APPLICATION NO. 482 OF 2024
( CNR NO.: MHCC02-003329-2024 )
MR. KHALIQUR REHMAN MEHFOOZUR REHMAN
SHAIKH @REHMAN MAIFUZAR SHAIKH
Age: 27 Years, Occupation: Service,
R/o. Room no. 956, 13-13,
Azad Nagar, Akbar Lala Compound,
Ghatkopar West, Mumbai – 4000 86.
…Applicant/Accused
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)
…Respondents/State.

Appearance:Ld. Adv. Anis Shaikh for the applicant/accused.
Ld. S. P.P. Kekanis a/w. Ld. SPP Manisha J. Parmar for the
State/respondent.
AND
BA 482/2024,
BA 483/2024 and
BA 565/2024
COMMON ORDER
2
MHCC020032422024
CRIMINAL BAIL APPLICATION NO. 483 OF 2024
( CNR NO.: MHCC02-003242-2024)
Adnan Riyajuddin Shaikh
Age 22 years, Occupation Business,
residing at Near Suleman Tabela,
Opp. Arabi school, Suleman Daud chawl, L. B. S
Marg, Ghatkopar west 400086
…Applicant/Accused
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 Tariq Khan for applicant/accused.
Ld. S. P.P. Kekanis a/w. Ld. SPP Manisha J. Parmar for the
State/respondent.
AND
MHCC020036512024
BA 482/2024,
BA 483/2024 and
BA 565/2024
3
COMMON ORDER
CRIMINAL BAIL APPLICATION NO. 565 OF 2024
( CNR NO.: MHCC02-003651-2024 )
1. Salman Ali Istkar Ali Sayyed
Age 26 years, Occupation: Service,
Residing near U. P. Hotel,
New Sahkar Chawl, Parshiwadi,
Ghatkopar (W),
Mumbai – 400086.
2. Azim Shamiulla Shaikh
(address as per Remand report)
Age 21 years, Occupation: Service,
Residing at Tardeo Chawl, Hill No. 02,
Near Ahmadi Masjid, Narayan Nagar,
Ghatkopar (W), Mumbai – 400086.
3. Mohammed Shabbir Lal Mohammed
(Address as per remand report)
Age 38 years, Occupation: Labour,
Residing at Akbar Lala Compound,
Near Babu Retiwala, Azad Nagar,
Ghatkopar (W), Mumbai – 400086.
(Applicant Nos. 1 to 3 are arrested
on 4.2.24 and remanded to MCR 9.2.24)
4. Ahmed Hussain Nizamuddin Maniyar
(Address as per remand report)
Age 22 years, Occupation: Service,
Residing at Kamgar Chawl, Hill No. 3,
Narayan Nagar, Ghatkopar (West),
Mumbai-400086
5. Mohammad Asif Irshad Ahmed Qureshi
Age 22 years, Occupation: Labour,
Residing at Nr Aahrafiya Masjid, Hill No.3,
Ashok Nagar, kurla (west) Mumbai
BA 482/2024,
BA 483/2024 and
BA 565/2024
4
COMMON ORDER
6. Shahnawaz Mumtaz Hussain Ansari
Age 55 years,
Residing at Room No. 4, Saraswati
Chawl No. 1, Adoni Compound,
Nr Noor Masjid, Nityanand Nagar,
Ghatkopar west, Mumbai.
7. Ashik Ali Manzur Hussain Khan
Age 46 years,
Residing at B/27, Twin House Colony,
Opp. Post office, Building No 19,
Vikhroli West, Mumbai – 400079
(Applicant Nos. 4 to 7 are arrested
on 17.2.24 And remanded to
MCR on same day 17.2.24)
8. Anas Gaffar Kalaniya
Age 27 years,
Residing at Room No. 11,
Hayat Mohammed Chawl No. 8,
Parshiwadi, Ghatkopar (West),
Mumbai-400086
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.)

…Applicants/Accused
…Respondent/State.

Appearance:Ld. Advocate Kaif Anis 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 : 05.03.2024.

BA 482/2024,
BA 483/2024 and
BA 565/2024
5
COMMON ORDER
ORDER
1.

The present three applications for bail are preferred by the
applicants/accused 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 at Exh-3 in Cri. BA No.
482/2024 and Cri. BA No. 483/2024 and in Cri. BA No. 565/2024
respectively.
3.

Perused the applications 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
BA 482/2024,
BA 483/2024 and
BA 565/2024
6
COMMON ORDER
on 04.02.2024 the Gujrat State 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 who was involved in a crime committed by him in
Gujrat State. Thereby, with the assistance of them the said Mufti Azhari
has brought in Ghatkopar Police Station. The said fact was spread in his
followers. Due to that they started to gather at the outside i.e. in the
yard of Ghatkopar Police Station. Resultantly, the huge mob/crowd
gathered in front of Ghatkopar Police Station. All the gathered
supporters started to raise the demand for immediate release of Mufti
Azhari forthwith without taking any legal actions against him. Upon
declining the same the said supporters got annoyed and started to raise
aggressive slogans and shouts. They were also raising unlawful demand
spontaneously. When they have inclined the police authority is 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 allegedly in all 20 police
officials and personnel got injured. They have caused sustained serious
in natures injuries. The alleged entire 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 the applicants of said
crime. Against all of them raised the plea grievance allegations that they
were actively and spontaneously involved for commission of alleged
crime. Their involvement participation and attribution of specific role of
pelting stones and causing injuries to public servant in view of creating
pressure terror to have release of the arrested person Mufti Azhari is
BA 482/2024,
BA 483/2024 and
BA 565/2024
7
COMMON ORDER
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 against them
in FIR as well as reply of respondent no specific clear grievance
accusations raised by any manner. Without any reason and cause
arrested them. When allegedly in said crime there were 900 to 1000
involver were appeared. However, without any clarification just arrested
to 21 accused. In fact the FIR is raised only against 16 detected and one
unknown person. The informant police official has raised the impugned
crime due to pressure and direction of his superior with certain ulterior
motive. Also vehemently submitted the three arrested co-accused are
enlarged on bail. Against them also general common and similar in
natures allegations have been raised. Therefore, the applicants also
deserve to have liberty on the ground of parity. Also, submitted that as
per record material availed no any alleged offence made out constitute
against any applicant. The alleged incident occurred on 04.02.2024.
Thereby, considering the nature of levelled allegations plea grievance
raised by the respondent certainly substantial concern material facts
would have investigated. The substantial material witnesses would be
just police personnel and officials. 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
BA 482/2024,
BA 483/2024 and
BA 565/2024
8
COMMON ORDER
into custody to Mufti Salman Azhari by the ATS Squad of Gujrat State
and brought him in Ghatkopar Police Station. Thereon, near at the
Ghatkopar Police Station the followers of him started to gather thereat.
They 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 started to 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 annoyedly started to pelting stones on the deputed police
personnel and officials in view of create terror and pressure on police
department. 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 in all 20 police personnel and officials are
got injured. The certain police have got fracture injuries. The alleged
incident of crime has been recorded under video shooting. Thereupon,
gone through the technical investigation, video recording, the appeared
involver in alleged incident of crime allegedly detected transpired.
Therefore, arrested in all 21 involvers. The applicants and their
companions have intentionally raised the obstruction while discharging
the official duties by the public servant. Even they have pelted stones on
the said public servant and the government premises in view of raising
creating pressure for immediately releasing to the arrested Mufti Azhari
without taken any action against him. The said conduct behave
demeanour of applicants are certainly seriously considerable cognizable
in view of declining liberty to them. They have committed serious in
nature crime. Heap of the involvers/accused are yet to detected and
transpired. The detail exhaustive investigation is yet to completed. In
BA 482/2024,
BA 483/2024 and
BA 565/2024
9
COMMON ORDER
the circumstance the applicants do not deserve to have the liberty.
7.

In above such circumstances 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 State was approached to the
Ghatkopar Police Station for their assistance and by it taken into
custody to Mufti Azhari brought him 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 slogans shouts for their
unlawful demand to release the Mufti Azhari immediately without
taking any action against him. 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. The submission of
respondent is that the alleged incident has been recorded under video
shooting. Thereby, as per technical investigation and verifying video
recording initially raised the impugned crime only against 17
culprits/involvers and till now arrested 21 culprits/involvers. The
vehement submission of applicants that though they were not involved
in alleged incident, however, malafidely and without any evidence proof
arrested them. Moreover, as per nature of levelled allegations grievance
and especially in the alleged crime there was involvement of in all 1000
involvers/followers. However, the impugned crime raised only against
17 involvers and just seized 16 small stones and two chappals and
shoes. The vehement objection of respondent/state that in all 1000
followers of arrested Mufti Azhari have intentionally raised the
obstruction while the official duty discharging by the public
BA 482/2024,
BA 483/2024 and
BA 565/2024
10
COMMON ORDER
servant/police official and personnel in view of creating terror pressure
on them. 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. Though the three coaccused are enlarged on bail. However, the applicants do not deserve
for liberty just on the ground of parity. Thus, considering the same
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 his huge followers who were residents of Mumbai and Thane
gathered in front of Ghatkopar Police Station. Allegedly the entire
alleged incident is recorded under the video recording by the concerned
police official and then raised the FIR only against the detected
transpired 16 accused. Moreover, till now only 21 involvers are arrested.
It reveals the three arrested accused are enlarged on bail. Considering
the same and the allegations grievance raised against the applicants
would incline against them also similar in natures allegations have been
raised. Moreover, while custodial interrogation of any applicant nothing
discovered recovered or seized. I felt in regard to detection and arrest of
remaining involvers certainly the custodial detention of any applicant
would not necessary essential for any purpose. While recording spot
panchanama the investigating machinery has just collected seized small
16 stones and two pairs of chappals and shoes. By such facts
circumstance and especially the respondent/state nothing clarified
BA 482/2024,
BA 483/2024 and
BA 565/2024
11
COMMON ORDER
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. Thereby, in such eventualities
further custodial detention of applicants would not essential necessary
for any material considerable cognizable reason cause purpose. Though
the factum of raising of attack on public servant while discharging
official duty is seriously considerable cognizable circumstance. However,
in the case in hand against the applicants neither in FIR nor in their
say/objection raised specific clear plea grievance allegation. However, in
view of levelled allegations seriousness gravity of crime and alleged
requirement of investigation machinery for investigation of remaining
facts and detection of other involvers by it I felt and 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.482 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
2.

The present Criminal Bail Application No.483 of 2024 is hereby
allowed, subject to following conditions by the applicant/accused.
3.

The present Criminal Bail Application No.565 of 2024 is hereby
allowed, subject to following conditions by the applicants/accused.

BA 482/2024,
BA 483/2024 and
BA 565/2024
a.

12
COMMON ORDER
The applicant MR.KHALIQUR REHMAN MEHFOOZUR REHMAN
SHAIKH @ REHMAN MAIFUZAR SHAIKH, Age 27 Years, Room No.956,
13-13, Azad Nagar, Akbar Lala Compound, Ghatkopar (West), Mumbai400 086 (in Criminal Bail Application No.482 of 2024), the applicant
Adnan Riyajuddin Shaikh, Age 22 years, residing at Near Suleman
Tabela, Opp. Arabi school, Suleman Daud chawl, L. B. S Marg,
Ghatkopar west 400 086 (in Criminal Bail Application No.483 of 2024),
the applicant no.1 Salman Ali Istkar Ali Sayyed, Age 26 years, Residing
near U. P. Hotel, New Sahkar Chawl, Parshiwadi, Ghatkopar (W),
Mumbai- 400086, the applicant no.2 Azim Shamiulla Shaikh, Age 21
years, Residing at Tardeo Chawl, Hill No. 02, Near Ahmadi Masjid,
Narayan Nagar, Ghatkopar (W), Mumbai-400086, the applicant no.3
Mohammed Shabbir Lal Mohammed, Age 38 years, Residing at Akbar
Lala Compound, Near Babu Retiwala, Azad Nagar, Ghatkopar (W),
Mumbai-400 086, the applicant no.4 Ahmed Hussain Nizamuddin
Maniyar, Age 22 years, Residing at Kamgar Chawl, Hill No. 3, Narayan
Nagar, Ghatkopar (West), Mumbai-400 086, the applicant no.5
Mohammad Asif Irshad Ahmed Qureshi, Age 22 years, Residing at Nr
Aahrafiya Masjid, Hill No.3, Ashok Nagar, Kurla (West) Mumbai, the
applicant no.6 Shahnawaz Mumtaz Hussain Ansari, Age 55 years,
Residing at Room No. 4, Saraswati Chawl No. 1, Adoni Compound, Nr
Noor Masjid, Nityanand Nagar, Ghatkopar West, Mumbai, the applicant
no.7 Ashik Ali Manzur Hussain Khan, Age 46 years, Residing at B/27,
Twin House Colony, Opp. Post office, Building No 19, Vikhroli West,
Mumbai-400 079, the applicant no.8 Anas Gaffar Kalaniya, Age 27
years, Residing at Room No. 11, Hayat Mohammed Chawl No.8,
BA 482/2024,
BA 483/2024 and
BA 565/2024
13
COMMON ORDER
Parshiwadi, Ghatkopar (West), Mumbai-400 086 (in Criminal Bail
Application No.565 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 Tuesday of every week between
11.00 a.m. to 05.00 p.m. until submission of charge-sheet.
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.

BA 482/2024,
BA 483/2024 and
BA 565/2024
h.

The
COMMON ORDER
14
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.482 of 2024, Criminal
Bail Application No.483 of 2024 and Criminal Bail Application No.565
of 2024 stand disposed of accordingly.
l.

The authenticated copy of this order be retained with the
proceedings of the Criminal Bail Application No.483 of 2024 and
Criminal Bail Application No.565 of 2024.
Dictated and pronounced in open court
Sd/-
Dictated on
: 05.03.2024
Directly typed on : 05.03.2024
Date of sign
: 12.03.2024
(S.M. Tapkire)
Addl. Sessions Judge
Sessions Court,
Mumbai. C.R. 60
BA 482/2024,
BA 483/2024 and
BA 565/2024
COMMON ORDER
15
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
12/03/2024, 4.50 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
05.03.2024
Order signed by P.O. on
12.03.2024
Order uploaded on
12.03.2024