The Court of Sessions for Greater Mumbai has granted regular bail to three applicants, Faisal Md.Javed Qureshi, Rizwan Abdul Gaffar Qureshi, and Sajid Abdul Gaffar Qureshi, who were booked in connection with a violent assault stemming from an ancestral property dispute (C.R. No. 86/2024).

H.H. Additional Sessions Judge A.S. Salgar allowed the application (Bail Application No. 972 of 2024) on April 20, 2024, after noting a significant contradiction between the First Information Report (FIR) and the complainant’s statement to the Medical Officer regarding the use of weapons.

Case Details and Allegations

• Applicants: Three family members (accused Nos. 1, 2, and 3).
• Case: Registered with Chunabhatti Police Station.
• Offences: Sections 326 (Voluntarily causing grievous hurt by dangerous weapons), 143, 147, 149 (Unlawful assembly/rioting), 323, 504, 506(2) of the IPC, and relevant sections of the Maharashtra Police Act.
• Motive: An ongoing ancestral property dispute between the applicants and the complainant (Mohd. Hussain Abdul Rajjak Qureshi).
• Specific Roles in FIR:
  • Accused No. 1 (Faisal Qureshi): Alleged to have assaulted the complainant and thrown his mobile phone.
  • Accused No. 3 (Sajid Qureshi): Alleged to have assaulted the complainant by fist blows and abused him.
  • Accused No. 2 (Rizwan Qureshi): Alleged to have come to the spot with a knife and inflicted a blow with the backside portion of the knife (not the blade).

Court’s Rationale for Granting Bail

The Court analyzed the evidence, particularly focusing on the key charge under Section 326 (grievous hurt by a dangerous weapon):

1. Doubt on Weapon Assault: The most critical factor was the Medical-Legal Case (MLC) papers. The complainant’s history given to the medical officer stated he was “assaulted by eight persons by hand.”
2. Contradiction: The Court highlighted that the complainant “has nowhere stated before medical officer that he was assaulted by knife or wooden stick,” creating a “doubt in respect of assault to the complainant by means of knife and wooden stick.”
3. Role Assessment: The Court noted that the allegations against Accused Nos. 1 and 3 were limited to assault by fist blow, with no allegations of causing grievous injury. Even Accused No. 2 allegedly used the backside of the knife, suggesting the intent to cause grievous hurt by a sharp weapon was questionable.
4. Investigation Status: The Court determined that the investigation was practically completed and that keeping the applicants behind bars would serve no useful purpose.
5. Clean Record: The applicants were noted to not have any criminal antecedents.

Considering the nature of the offense and the doubt raised regarding the serious charge under Section 326 IPC, the Court decided to grant bail to all three applicants.

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Bail Conditions

The Criminal Bail Application No. 972 of 2024 was allowed. The three applicants were released on regular bail upon:

• P.R. Bond & Surety: Furnishing a P.R. Bond of ₹25,000/- each along with one or more sureties in the like amount.
• Provisional Cash Bail: Cash bail of ₹25,000/- each was allowed for a period of four weeks to furnish the surety.
• Reporting: Applicants must attend Chunabhatti Police Station every Sunday of each month between 10:00 a.m. and 12:00 noon until the charge-sheet is filed.
• No Entry Restriction: The applicants shall not enter into the vicinity where the informant resides.
• Non-Tampering: They shall not directly or indirectly threaten or influence the prosecution witnesses.