MEHBOOB IBRAHIM KHERANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application the Applicants (Accused Nos.8 and 16), apprehending their arrest in connection with the investigation of Crime No.140 of 2019, BKC Police Station, under section 302, 323, 324,143,147,148 and 149 of the Indian Penal Code ( 'IPC ' for short) are seeking anticipatory bail.

(2.) The complainant Mohhamad Rafiq Sayyed Abdul Sattar had posted a video on a social networking site claiming that the local corporator was supporting HDIL and Omkar Builders in respect of an SRA Project namely Basera Housing Society formed by HDIL and Omkar Builders. It appears that the complainant along with others including the deceased Amir Zafar Shaikh @ Babubhai had also proposed a society by name KGN Housing Society somewhere in November 2018 in the area of Bharat Nagar, Bandra (East), Mumbai. The incident in question appears to be a outcome of the rivalry/disputes between the promoters of the two societies.

(3.) According to the complainant on 31 May 2019 at about 22.45 hours when the complainant along with other members of the KGN Society were sitting infront of Plot No.7, Tata Colony, Bharat Nagar, Bandra (East) and were chitchatting, one Mohammed Salim, who is the husband of the local Corporator, came there along with his associates. According to the complainant Salim Qureshi accosted the complainant as to how the complainant is claiming that he (Salim Queshi) was working as a middleman for the builders. The complainant is alleged to have asked Salim Qureshi to first see the video uploaded on the social networking site. It is at this stage that Salim Qureshi is alleged to have assaulted the complainant with fist blows. Insofar as the present applicants are concerned it is alleged that the applicant Mehboob Ibrahim Khairani was having a wooden stick while the applicant Tariq Khan @ Bapuji was having an iron rod and they assaulted the complainant on his head and right thigh. Further according to the complainant deceased Amir Zafar Shaikh @ Babubhai tried to intervene when he was taken aside and assaulted, as a result of which Amir Zafar Shaikh sustained injuries. He was taken to the hospital where he was declared dead. On the basis of such a complaint the aforesaid offence came to be registered.