MOHAMMAD KHALID MUKHTAR AHMED SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(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 Sec. 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 offences under Sec. 364-A, 384, 385, 386 and 387 of the Indian Penal Code, 1860 readwith Sec. 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 25/9/2020 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 year 2014, the first informant had undertaken redevelopment of one Rangadi Building at Bhiwandi, during which time present Applicant was the Corporator of Bhiwandi Nizampura Municipal Corporation. It is stated by the first informant that Applicant called him to his office and instructed to give him 20% of the profit towards protection money to ensure that the construction work carried out by him was not obstructed. There was an altercation and scuffle between the first informant and Applicant when he refused to pay the money.