MOHAMMED KHALID @ GUDDU MUKHTAR AHMED SHAIKH vs THE STATE OF MAHARASHTRA

Judgment text excerpt

47.BA.2246.2024.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2246 OF 2024 Mohammad Khalid Mukhtar Ahmed Shaikh .. Applicant Versus The State of Maharashtra .. Respondent WITH INTERIM APPLICATION NO. 4647 OF 2024 WITH INTERIM APPLICATION NO. 3057 OF 2024 IN CRIMINAL BAIL APPLICATION NO. 2246 OF 2024 ....................  Mr. Niranjan Mundargi a/w. Mr. Pandit Kasar and Mr. Afaque Shaikh, Advocates for Applicant.  Ms. Savita M. Yadav, APP for Respondent – State.  Mr. Rajendra Rathod a/w. Mr. Umar Dalvi, Mr. Sohail Ahmed, Mr. Ali Bubere, Mr. Abdullah Maknojia, Mr. Mujtaba Shaikh, Mr. Zeeshan Sardar, Mr. Dhruv Jain and Mr. Mudassir Ansari, Advocates for Intervenor.  Mr. Ravindra B. Patil, Unit No.2, Bhiwandi Crime Branch present. ......…........... CORAM : MILIND N. JADHAV, J. DATE : FEBRUARY 07, 2025. JUDGMENT:- 1. Heard Mr. Mundargi, learned Advocate for Applicant, Ms. Yadav, learned APP for State and Mr. Rathod, learned Advocate for Intervenor. 2. This is an Application under Section 439 of the Code of Criminal Procedure, 1973 seeking Regular Bail in connection with C.R. No.312 of 2020 registered with Bhiwandi City Police Station for 1 of 28 47.BA.2246.2024.doc offences under Section 364-A, 384, 385, 386 and 387 of the Indian Penal Code, 1860 readwith Section 3 and 25 of the Arms Act. There are in all five Accused in the matter. Applicant before me is Accused No.1 and has been incarcerated since 25.09.2020 i.e. for 4 years 4 months and 14 days. 3. Briefly stated the aforesaid crime was registered pursuant to the First Information Report (FIR) lodged by first informant Takweem @ Guttu Ajaz Khan. The first informant is engaged in construction business being run under the name Razi Constructions. In the