Bombay High Court
Mohammad Muslim Shahshuddoha @ Muslim ... vs State Of Maharashtra on 31 March, 2022
Author: C.V. Bhadang
Bench: C.V. Bhadang
903-aba-776-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.776 OF 2022
Mohammad Muslim Shahshuddoha
@ Muslim Dhande Pahelwan ...Applicant
Vs.
The State of Maharashtra ... Respondent
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Mr. Mahendra N. Sandhyanshiv, for the Applicant.
Mrs. J. S. Lohokare, APP for the Respondent-State.
Digitally
signed by
MAMTA
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MAMTA AMAR
AMAR KALE
KALE Date:
2022.04.01
20:22:22 CORAM : C.V. BHADANG, J.
+0530
DATE : 31 MARCH 2022
P.C.
. The Applicant, apprehending his arrest, in connection with
the investigation of Crime No.75/2021 registered with
Malegaon City Police Station, Dist. Nashik under Section 307,
353, 332, 333, 143, 144, 147, 148, 149, 120-B, 427 and 186 of
IPC and Section 3 and 4 of the Police (Incitement to
Disaffection) Act 1922 and 37(1)(3) punishable under Section
135 of the Maharashtra Police Act and Section 3(2) of the
Prevention of Defacement of Property Act, is seeking anticipatory
bail.
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2. The aforesaid crime is registered on the basis of the
complaint dated 12 November 2021 lodged by PI Sureshkumar
Tarachand Ghusar, attached to Malegaon City Police Station.
3. According to the prosecution, on 12 November 2021 the
Applicant and several others had assembled on public road from
Sheth compound to Shahid Tower, Dudh Bazar, Old Agra Road,
in order to protest about certain incident, which had happened in
Tripura which according to the Applicant and others had hurt
their religious sentiments. The police made an attempt to
dissipate the mob, with a view to control the situation and restore
peace. According to the prosecution, the members of the
assembly turned violent and indulged in stone pelting on the
police staff. The material allegation is that in the stone pelting,
some of the police officers and staff was injured and public
property was damaged.
4. I have heard learned counsel for the parties. Perused
record.
5. It is submitted by the learned counsel for the Applicant that
no specific role is attributed to the Applicant of pelting of the
stones or taking part in the destruction of the public property. It
is submitted that the Applicant is aged about 74 years. He
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submitted that the Applicant is not seen in any CCTV footage at
the spot of the incident.
6. Learned APP has submitted that there was a pamphlet by
the Applicant asking the members of the particular community to
assemble at Hussain Sheth Compound, Old Agra Road for taking
out a March in protest of the incident which had happened in
Tripura of discretion of religious place which has hurt the
sentiments of the community. It is submitted that the Applicant
is seen present in the CCTV footage at Hussain Sheth
Compound from where the march had originated. It is submitted
that in the incident there was wide spread violence resulting in
injuries to some police officers and damage to the public property.
7. The learned counsel for the Applicant submitted that the
pamphlet allegedly issued by the Applicant is not part of the
chargesheet.
8. I have considered the circumstances and the submissions
made.
9. It is undisputed that the Applicant is only seen in the area
of Hussain Sheth Compound from where the march has
originated. The incident of pelting of stones happened under the
bridge on the Old Agra Road where there was no CCTV cameras.
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In so far as the reliance placed on the pamphlet / circular issued
by the Applicant is concerned, learned APP has tendered the
English translation of said pamphlet. A perusal of the same does
not show that there was any inflammatory statement made or
instigation for any violence. Normally no exception can be taken
for a call for peaceful demonstration. The Applicant is stated to
be aged about 74 years. The investigation is complete and the
chargesheet is filed. There is no scope for recovery of any
incriminating articles as such.
10. In that view of the matter, the following order is passed.
ORDER
(i) In the event of his arrest, in connection with the investigation of Crime No.75/2021 registered with Malegaon City Police Station, Dist. Nashik, the Applicant Mohammad Muslim Shahshuddoha @ Muslim Dhande Pahelwan, be released on bail on executing a PR Bond in the sum of Rs.25,000/- with one or two solvent sureties, in the like amount.
(ii) The Applicant shall report to the Investigating Officer on 6/4/2022 and 7/4/2022 between 11.00 a.m. to 1.00 p.m. and as and when required by the Investigating Officer.
(iii) The Applicant shall co-operate with the Investigating Agency and shall surrender his mobile Mamta Kale page 4 of 5 903-aba-776-2022.odt phone if required by the Investigating Officer.
(iv) The Applicant shall not indulge in similar offence and shall not tamper with the prosecution evidence/witnesses.
(v) The Applicant shall not enter the jurisdiction of City Police Station, Malegaon and shall refrain himself from circulating any material which may have tendency to cause public unrest / violence.
(vi) In the event of breach of any of the conditions, the bail is liable to be cancelled.
(vii) The Criminal Application is disposed of, in the aforesaid terms.
C.V. BHADANG, J.
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