Rehan Khan S/O. Irfan Khan Kureshi And Others v. The State Of Maharashtra
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO.853 OF 2023 Amol alias Durgesh Ramesh Kumbhar Sandeep Jaisingh Rajput Rushi alias Daggu Rupsingh Rajput 4.
Devendra alias Dipu Nirbhaysingh Rajput 5.
Yashraj Dinesh Marathe ...Applicants
VERSUS
The State of Maharashtra
...Respondent
...
Mr. A.S. Barlota h/f Mr. R.S. Wani, Advocate for the applicants. Mr. Y.G. Gujarati, APP for the respondent-State. WITH BAIL APPLICATION NO.845 OF 2023 Rehan Khan s/o Irfan Khan Kureshi Irfan Khan s/o Burhan Khan Kureshi Mohammad Rihan (Rehan) s/o Shakur Manyar (Maniyar) 4.
Wajid Shaikh s/o Majid Shaikh 5.
Jakir Shaikh s/o Abdul Latif Manyar 6.
Saud Anwar Pinjari 7.
Pathan Mohsin Kha s/o Muslim Kha 8.
Aman @ Imran s/o Rajjak Lohar 9.
Saklen @ Shaklen s/o Sadik Pinjari @ Chabiwala 10.
Sonu @ Sadik s/o Hanif Shaikh
(2) 11.
Multjim (Muntezim) s/o Kasam Pinjari 12.
Rahim Kha s/o Ayub Kha Pathan 13.
Yunus s/o Ikbal Pathan 14.
Irfan s/o Ikbal Pathan 15.
Sahil s/o Diliwar Sayyad 16.
Javed Khan @ Javid s/o Imam Khan Pathan 17.
Javed @ Javid s/o Hanif Kureshi ...Applicants
VERSUS
The State of Maharashtra
...Respondent
...
Mr. S.S. Kazi, Advocate for the applicants.
Mr. Y.G. Gujarati, APP for the respondent-State. WITH BAIL APPLICATION NO.849 OF 2023 Salman Razak Qureshi Riyaz Razak Qureshi Razak Shabbir Kha Qureshi 4.
Ramzan Khan Razak Khan Qureshi 5.
Rahim Khan Razak Khan Qureshi 6.
Kalim Khan Shabbir Khan ...Applicants
VERSUS
The State of Maharashtra
...Respondent
...
Mr. Parvezhasnath H. Kagzi, Advocate for the applicants. Mr. Y.G. Gujarati, APP for the respondent-State. ...
(3) CORAM : S.G. MEHARE, J.
DATED : JUNE 15, 2023 PER COURT:- Heard learned counsels for the respective applicants and learned APP for the State.
The applicants are seeking bail in Crime No.222 of 2023 registered with Nandurbar City Police Station, District Nandurbar for the offence punishable under Section 307, 308, 353, 333, 332, 143, 147, 148, 149, 427 of Indian Penal Code, Section 3, 7 of Prevention of Damage to Public Property Act, Section 37(1)(c), 135 of Maharashtra Police Act and under Section 3 of Criminal Law (Amendment) Act. It is a case of riot happened on some news of having inter religion marriage. The persons from both religion were involved in the riot. Many persons have suffered the injuries and the citizens of Nandurbar have suffered damages to their properties and Government properties have also been damaged. Surprisingly, the boy who got married has also been arraigned as an accused. There is material progress in the case.
The accused are languishing in jail since the month of April 2023. The law and order must have been settled down. However, the investigating agency has an apprehension of repeating the crime. Considering the facts and circumstances of the case, it may be believed that on some wrong information, people have committed the riot.
(4) investigating agency, condition to stay away from Nandurbar for certain period may be imposed and they may be released on bail. Hence, the following order :
ORDER
(i) All Bail Applications are allowed.
(ii) All the applicants in Bail Application No.853 OF 2023, Bail Application No.845 OF 2023 and Bail Application No.849 OF 2023, be released on bail on executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) each with one solvent surety in the like amount each in connection with the above crime, on the conditions that all the applicants except applicant - Amol alias Durgesh Ramesh Kumbhar shall stay away from Nandurbar for one month from the date of their release.
(iii) The applicants shall not involve in similar crime. (iv) The PSO is directed to provide protection to applicant - Amol alias Durgesh Ramesh Kumbhar and his wife at the cost of the Government for two months from the date of his release. (S.G. MEHARE, J.) Mujaheed//