Appeals under Section 14-A SC/ST Act challenged rejection of pre-arrest bail. Court found allegations against appellants omnibus, with no specific role in the assault except caste-based utterances by one aged appellant. Interim protection was made absolute with conditions and the Sessions orders set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Megha 41_apeal_548, 378 & 379_2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.548 OF 2024
Rafik Hasham Mulla
... Appellant
Versus
The State of Maharashtra and Anr.
... Respondents
WITH CRIMINAL APPEAL NO.378 OF 2024
... Appellants
Versus
The State of Maharashtra and Anr.
... Respondents
WITH CRIMINAL APPEAL NO.379 OF 2024
The State of Maharashtra and Anr.
... Appellants
... Respondents
Mr. Viral Rathod i/b. Mr. Vishwatej Jadhav for the Appellant in Appeal/548/2024.
Ms. Tanvi Tapkire for the Appellants in Appeal/378/2024 and Appeal/379/2024.
Page No.1 of 5 14 November 2024
Megha 41_apeal_548, 378 & 379_2024.odt
Ms S.G. Talhar , APP for Respondent-State in Appeal/378/2024 and Appeal/548/2024.
Mr. Ashok Metkari, APP for Respondent No.1-State in Appeal/379/2024.
Ms. Sayli Wani for Respondent No.2 in all Appeals. Ms. Tejaswini, IO, ACP, Naupada Division, Thane city, present.
CORAM : SANDEEP V. MARNE, J. Dated : 14 November 2024.
P.C. :-
Page No.2 of 5 14 November 2024
Megha 41_apeal_548, 378 & 379_2024.odt
APPs for Respondent-State in all the Appeals.
Page No.3 of 5 14 November 2024
Megha 41_apeal_548, 378 & 379_2024.odt
hurt on account of alleged assault committed by accused No.2Salim Rafik Mulla by use of iron rod. Salim Mulla has already been arrested and released on bail. So far as accused No.3-Yasin Rafik Mulla is concerned he is accused of injuring the son of the Complainant by pelting stone. Except these specific allegations against Salim Mulla and Yasin Mulla there are no specific allegations with regard to assault by any of the Appellants. The allegations against them are omnibus in nature. Though Appellant-Rafik Hasham Mulla is accused of making caste-based utterances, there is no specific role ascribed to him so far as the assault is concerned. It is also required to be noted that accused - Rafik Hasham Mulla is aged 68 years. Therefore, interim protection granted in his favour deserves to be made absolute. So far as Appellants in Appeal Nos.378 and 379 of 2024 are concerned, I am unable to notice any specific allegations against them with regard to alleged assault. Therefore, interim protection granted in their favour also deserves to be made absolute.
Page No.4 of 5 14 November 2024
Megha 41_apeal_548, 378 & 379_2024.odt
order:-
Digitally signed by MEGHA MEGHA SHREEDHAR SHREEDHAR PARAB PARAB Date: 2024.11.14 20:29:03 +0530
[ SANDEEP V. MARNE, J.]
Page No.5 of 5 14 November 2024
1 issue framed by the court
Whether interim pre-arrest protection should be made absolute where allegations against the appellants are omnibus and no specific assault role is ascribed to them.
4 provisions across 4 enactments
Rafik Hasham Mulla
The State of Maharashtra
Sameer Rafiq Mulla
Saeed Rafiq Mulla
Heena Yasin Mulla
Sharmin Salim Mulla
Sandeep V. Marne
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
