Bombay High Court
Md. Raisuddin Md. Siddique vs The State Of Maharashtra on 11 October, 2022
Bench: Mangesh S. Patil, Abhay Sopanrao Waghwase
931.WP.900.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
931 CRIMINAL WRIT PETITION NO.900 OF 2022
WITH APPLN/2140/2022 IN WP/900/2022
Iqbal Ahmed Kabir Ahmed,
Age : ___ years, Occu:___
R/o. Parbhani
a/p. in Central Prison, Aurangabad
District Aurangabad. ... PETITIONER
VERSUS
1. The State of Maharashtra
through the Secretary,
Home Department, Mantralaya,
Mumbai.
2. The Superintendent of Police,
Anti Terrorist Squad
Nanded, Dist. Nanded.
3. National Investigation Agency,
through Superintendent of Police
4/4, 4th Floor, Mansoravar Building
Neharu Place, Delhi.
4. The Superintendent,
Central Jail, Aurangabad,
Dist. Aurangabad. ... RESPONDENTS
...
Advocate for Petitioner thr. Jail: Mr. Girish V. Wani (appointed thr. Legal Aid)
AGP for respondent Nos.1,2 and 4 : Mr. S.D. Ghayal
Assistant Solicitor General for Respondent No.3 : Mr. Ajay G. Talhar
...
WITH
932 CRIMINAL WRIT PETITION NO.901 OF 2022
WITH APPLN/2141/2022 IN WP/901/2022
Md. Shahed Md. Khadar Ali Khan,
Age : ---- years, Occu:---
R/o. a/p. in Central Prison, Aurangabad
District Aurangabad. ... PETITIONER
VERSUS
1/4
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931.WP.900.22.odt
1. The State of Maharashtra
through the Secretary,
Home Department, Mantralaya,
Mumbai.
2. The Superintendent of Police,
Anti Terrorist Squad
Nanded, Dist. Nanded.
3. National Investigation Agency,
through Superintendent of Police
4/4, 4th Floor, Mansoravar Building
Neharu Place, Delhi.
4. The Superintendent,
Central Jail, Aurangabad,
Dist. Aurangabad. ... RESPONDENTS
...
Advocate for Petitioner thr. Jail: Mr. Girish V. Wani (appointed thr. Legal Aid)
AGP for respondent Nos.1,2 and 4 : Mr. S.P. Tiwari
Assistant Solicitor General for Respondent No.3 : Mr. Ajay G. Talhar
...
WITH
933 CRIMINAL WRIT PETITION NO.902 OF 2022
WITH APPLN/2142/2022 IN WP/902/2022
Mohd. Raisuddin Mohd. Siddique,
Age : ---- years, Occu:---
R/o. a/p. in Central Prison, Aurangabad
District Aurangabad. ... PETITIONER
VERSUS
1. The State of Maharashtra
through the Secretary,
Home Department, Mantralaya,
Mumbai.
2. The Superintendent of Police,
Anti Terrorist Squad
Nanded, Dist. Nanded.
3. National Investigation Agency,
through Superintendent of Police
4/4, 4th Floor, Mansoravar Building
Neharu Place, Delhi.
4. The Superintendent,
Central Jail, Aurangabad,
Dist. Aurangabad. ... RESPONDENTS
2/4
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931.WP.900.22.odt
...
Advocate for Petitioner thr. Jail: Mr. Girish V. Wani (appointed thr. Legal Aid)
AGP for respondent Nos.1,2 and 4 : Mr. B.V. Virdhe
Assistant Solicitor General for Respondent No.3 : Mr. Ajay G. Talhar
...
CORAM : MANGESH S. PATIL AND
ABHAY S. WAGHWASE, JJ.
DATE : 11.10.2022
PER COURT :
We have heard Mr. Girish V. Wani who is appointed to represent
the petitioners in all these three writ petitions as also the learned A.S.G.
Mr. A.G. Talhar.
2. The petitions were registered suo moto on the basis of
communications addressed by the respective petitioners from prison for their
release. Pursuant to the appointment of Mr. Wani, he has drafted the
petitions on behalf of the petitioners and has made following prayers :
A) Call for record and proceeding of this case;
B) The applicant may kindly be released on Bail in connection
with the First Information Report No.8/2016 under Section
13,16,18, 18B, 20, 38 and 39 of the Unlawful Activities
(Prevention) Act, 1967 (amended in 2008) so also under
section 4,5 and 6 of the Explosive Act r/w 120-B of the Indian
Penal Code.
C) Pending hearing and final disposal of writ petition, grant
interim bail to the petitioner in connection with the First
Information Report No.8/2016 under Section 13,16,18, 18B,
20, 38 and 39 of the Unlawful Activities (Prevention) Act,
1967 (amended in 2008) so also under section 4,5 and 6 of
the Explosive Act r/w 120-B of the Indian Penal Code.
D) Be please to take suitable action against the erring officers for
illegal detention and appropriate compensation of such a
illegal detention from the erring officer to the petitioner.
931.WP.900.22.odt
E) The applicant is in jail, the affidavit may kindly be dispensed
with.
F) Pass any such and further order which is deem fit and proper
for the present petitioners.
3. It transpires that petitioner from the Writ Petition No.901/2022
Md. Shahed Md. Khadar Ali Khan and one more accused from the same
crime, namely, Naser Bin Abu Bakar Yafai had approached the Supreme
Court in Criminal Appeal Nos.1165/2021 and 1166/2021 seeking default
bail under Section 167(2) of the Code of Criminal Procedure, the very same
relief being claimed by the petitioners before us. By the common judgment
and order dated 20.10.2021 in Naser Bin Abu Bakar Yafai Vs. State of
Maharashtra of Maharashtra and Anr.; (2022) 6 Supreme Court Cases 308,
various directions have been given by the Supreme Court but the bail has
been refused.
4. The advocates are unanimous that since these petitions arise
out of same crime and have been filed by three of the accused including the
person who was also before the Supreme Court, these petitions need to be
dismissed.
5. In view of the reasons given by the Supreme Court in the matter
of Naser Bin Abu Bakar Yafai (supra) and in view of the joint request of the
learned advocates, we dispose of the writ petitions.
6. Pending applications are disposed of.
(ABHAY S. WAGHWASE, J.) (MANGESH S. PATIL, J.)
habeeb
