/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLIATION NO.675 OF 2007 The State of Maharashtra ...Applicant V/s. Mansoor Gulam Mustafa Momin ...Respondent Shri.S.S. Pednekar, APP for the State/Applicant. Shri.P.M. Pradhan for Respondent. ALONGWITH CRIMINAL APPLIATION NO.677 OF 2007 The State of Maharashtra ...Applicant V/s. Afsar Abdul Gafar Momin ...Respondent Shri.S.S. Pednekar, APP for the State/Applicant. Shri.P.M. Pradhan for Respondent. ALONGWITH CRIMINAL APPLIATION NO.678 OF 2007 The State of Maharashtra ...Applicant V/s. Parvez Ahmed Haji Mohd. Amin ...Respondent Shri.S.S. Pednekar, APP for the State/Applicant. Shri.P.M. Pradhan for Respondent. / 2 / ALONGWITH CRIMINAL APPLIATION NO.680 OF 2007 The State of Maharashtra ...Applicant V/s. Taiyab Mohammed Ismail Momin ...Respondent Ms.R.M. Ghadhavi, APP for the State/Applicant. Shri.P.M. Pradhan for Respondent. ALONGWITH CRIMINAL APPLIATION NO.786 OF 2007 The State of Maharashtra ...Applicant V/s. Tawwab Mohammed Saeed Ansari ...Respondent Shri.J.P. Yagnik, APP for the State/Applicant. ALONGWITH CRIMINAL APPLIATION NO.1140 OF 2007 The State of Maharashtra ...Applicant V/s. Shamim Ahmed Mohd. Yaseen Momin ...Respondent Shri.J.P. Yagnik, APP for the State/Applicant. ALONGWITH CRIMINAL APPLIATION NO.1154 OF 2007 / 3 / The State of Maharashtra ...Applicant V/s. Siraj Ahmad Babulal Shaikh ...Respondent Shri.S.R. Shinde, APP for the State/Applicant. Shri.P.M. Pradhan for Respondent. ALONGWITH CRIMINAL APPLIATION NO.1155 OF 2007 The State of Maharashtra ...Applicant V/s. Jamal Ahmed Ilyas Momin ...Respondent Shri.S.R. Shinde, APP for the State/Applicant. Shri.P.M. Pradhan for Respondent. ALONGWITH CRIMINAL APPLIATION NO.1158 OF 2007 The State of Maharashtra ...Applicant V/s. Malik Ahmed Nazir Ahmed Momin ...Respondent Ms.S.D. Shinde, APP for the State/Applicant. Shri.P.M. Pradhan for Respondent. CORAM : V.M. KANADE, J. DATED : 31st MARCH, 2008. / 4 / P.C.:- 1. In all these applications, the learned Assistant Public Prosecutors are challenging the orders passed by the Sessions Court granting bail to the Respondents in these applications. Incident took place at BhiWandi on 05/07/2006 when a mob of people attacked the Bhiwandi Police Station and started pelting stones. It is alleged that some people were demanding land on which a new police station was being constructed. Civil dispute was also filed in the civil court which was also pending. On the said date, due to instigation of certain people, mob started pelting stones on the police station. Thereafter, they set a bus on fire and in this riot two police constables were killed. In the police firing two members of the mob were killed. It is submitted that Sessions Court granted bail to these Respondents without assigning any reason and only reason which was given was that they will not abscond. It is submitted that in view of the judgment of the Apex Court, order passed by the Sessions Court is perverse and is liable to be set aside and bail granted to the Respondents be cancelled. 2. So far as Respondents in these applications are concerned, no overt act has been attributed to these Respondents except that they / 5 / were present when the incident took place. Taking into consideration F.I.R. and role that is attributed to these Respondents, in my view, it is not necessary to cancel the bail which is already granted. Hence, all the applications for cancellation of bail in respect of all the Respondents are rejected. Applications are disposed of accordingly. V.M. KANADE J.