RAFIQUE SALIM HASHMI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Upadhyay, learned Advocate for Applicant and Mr. Dabke, learned APP for Respondent - State.

(2.) This is a Bail Application filed under Sec. 439 of the Code of Criminal Procedure, 1973 (for short "CrPC") seeking bail by the Applicant namely Rafique Salim Hashmi in connection with CR No.126 of 2023 registered with Nerul Police Station for the offences punishable under Ss. 302, 120B and 34 of the Indian Penal Code, 1860 (for short "IPC"); Ss. 3, 5, 25 and 27 of the Arms Act, 1959 alongwith Ss. 37(1) and 135 of the Maharashtra Police Act, 1951.

(3.) Briefly stated, there are in all 7 accused, out of which 5 accused have been arrested, and 2 accused are absconding. Accused No.1 namely Mahek is the main accused. On the basis of his statement, Applicant before me has been indicted. Crime came to be registered on the basis of a report dtd. 15/3/2023 filed by one Dhiraj Savajibhai Manjeri having office at CBD, Belapur. First Informant stated that on 15/3/2023, his father left for work at 11:00 a.m. at Nerul and returned back to his house at 05:00 p.m., but again left for his office. On his way, he received telephonic information that at about 05:10 p.m. his father Savajibhai Manjeri was shot near Apna Bazaar, Nerul. He immediately reached the spot of incident and found his father lying in a pool of blood alongwith blood stains and bullets strayed around. He shifted his father to NMMC Hospital, Vashi where he was declared dead before admission / treatment.