MOHD ALI JAAN MOHD. SHAIKH AND ANR. vs THE STATE OF MAHARASHTRA AND ANR.

Judgment text excerpt

1--apeal-559-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.559 OF 2022 1. Mohd. Ali Jaan Mohd Shaikh, Aged about 34 years, Residing at 33-A, Tandel Street, Ramzan Ali Macchiwala, 4th Floor, Room No. 22, Dongri, Mumbai 400 009 2. Pranay Manohar Rane @ Nana Aged about 45 years, Residing at Ankur Apartments, Room No. 406, Shastri Nagar, Vasai (West), District Thane Both are at present undergoing the sentence imposed upon them at Mumbai Central Prison, Mumbai …..Appellant Vs. (Ori. Accused Nos.1 and 2) 1. The State of Maharashtra 2. Central Bureau of Investigation vide RC-3(S)/2016-SCUV/SC-II, New Delhi …..Respondents Mr. Nitin Sejpal, with Ms. Akshata Desai, for the Appellants. Ms. P.P. Shinde, APP for Respondent No.1-State. Mr. Pradip D. Gharat, Special P. P. for Respondent No.2-CBI. CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ. RESERVED ON : 11th MARCH 2025 PRONOUNCED ON : 15th APRIL 2025 Shivgan 1/23 1--apeal-559-2022.doc JUDGMENT:- (Per Dr. Neela Gokhale J. ) 1. The Appellants have assailed the judgment and order dated 25th April 2022 passed by the Special Judge (Exclusive Special Court constituted for the cases under MCOCA/TADA/POTA and other Sessions Cases against the accused - Rajendra Sadashiv Nikalje @ Chhota Rajan) at Greater Bombay in Sessions Case No.187 of 2011 arising out of CBI RC-3(S)/2016-SCUV/SC-II, New Delhi. By the impugned judgment and order, the Appellants stand convicted for the offences punishable under Sections 302, 307, 326, 120-B, 34 of the Indian Penal Code (‘IPC’), 1860 and Section 27 of the Indian Arms Act, 1959. For the offences punishable under Sections 302, 34, 120-B of the IPC for committing murder of Irfan Qureshi, the Appellants are sentenced to suffer rigorous imprisonment (R