ZAHIR MOHAMMAD NASIR SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) As noted in the case of Enforcement Directorate, Government of India v/s. Kapil Wadhawan and Anr.,(2024) 7 SCC 147. "John Locke in his work, Two Treatises of Government (1689) stressed on personal liberty and stated that, "The end of Law is not to abolish or restrain, but to preserve and enlarge Freedom: For in all the states of created beings capable of Laws, where there is no law, there is no Freedom. "

(2.) The Application and the Petition arose out of the same crime. The Applicants in APL/1063/2024 and Respondent No.3 in WPST/17797/2024 are original Accused Nos.1, 3 and 2 respectively. Respondent No.2 in APL/1063/2024 and Petitioner in WPST/17797/2024 is the original informant. Hence, the Application and the Petition are being disposed of together. (Hereinafter the parties are being referred to by their said original status in the F.I.R ). 2.1) In APL/1063/2024, the Accused Nos.1 and 3 seek to quash and set-aside the Order dtd. 31/07/2024 passed by the learned Additional Sessions Judge, Mumbai in Criminal Misc. Application No.1325/2024 and to restore the common Order dtd. 20/06/2024, passed by the 13th Court of learned Metropolitan Magistrate, Bhoiwada, Dadar thereby allowing their applications for default bail bearing Cril.Appln. Nos.881/BA/2024 and 879/BA/2024. In WPST/17797/2024, the informant seeks to quash and set-aside the same impugned Order dtd. 31/07/2024 to the extent it confirmed the subsequent Order dtd. 21/06/2024 passed by the same learned Magistrate thereby allowing the default bail application of Accused No.2 bearing Cril.Appln. No.878/BA/2024.

(3.) Heard Mr. Rathod, learned Advocate for the Accused Nos.1 to 3, Mr. Pasbola, the learned Senior counsel for the informant and Mr. Y.M. Nakhwa, learned APP for the State.