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MHCC020061342024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
BAIL APPLICATION NO. 972 OF 2024
1. Faisal Md.Javed Qureshi,
2. Rizwan Abdul Gaffar Qureshi,
3. Sajid Abdul Gaffar Qureshi
… Applicants/accused
Vs.
The State of Maharashtra
(Through of Chunabhatti Police Station
vide C.R. No. 86/2024)
… Respondent/State
Appearance :Mr. M.H. Bandarkar, Ld. Advocate for applicants/Accused.
Mr. Sachin Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.S. SALGAR (C.R. NO.24)
DATED : 20TH APRIL, 2024
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application filed by applicants/accused
persons under Section 439 of the Code of Criminal Procedure,
1973, for releasing them on regular bail in connection with C.R.
No.86/2024 registered with Chunabhatti police station for the
offence punishable under Sections 326, 143, 147, 149, 323, 504, 506
(2) r/w 34 of I.P.C. r/w section 37 (1)(a), 135 of Maharashtra Police
Act, 1951.

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2.

Applicants/accused persons submitted that they are
innocent and they have been falsely implicated in this crime.
Investigation is completed and no fruitful purpose will be served by
keeping them behind bar. The applicants are ready to abide by any
terms
and
conditions
imposed
by
the
court.

Hence,
applicants/accused persons prayed for grant of regular bail in
connection with C.R. 86/2024 registered with Chunabhatti. police
station.
3.

Investigating officer submitted the say at Exh.02 and
resisted bail application on the ground that there is dispute in
between complainant and applicant/accused in respect of ancestral
property and quarrel usually take place between them. There is
danger to the life of informant and witnesses from accused.
Investigation is in progress. CCTV Footage from the spot of incident
is yet to be recovered. Lastly, investigating officer prayed for
rejection of bail application.
4.

Heard
Ld.

Adv.

Mr.

M.H.

Bandarkar
for
the
applicants/accused and Ld. APP Sachin Patil for Respondent/State.
5.

On perusal of case papers it revealed that on the basis
of the report lodged by the informant namely Mohd. Hussain Abdul
Rajjak Qureshi, Chunabhatti police station registered the offence
punishable under Sections 326, 143, 147, 323, 504, 506(ii) r/w
149 of I.P.C. and Sections 37(1)(A) and 135 of Maharashtra Police
Act against the accused persons.
6.

Perused the contents of application and say filed by the
investigating officer. By this application the accused persons prayed
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for grant of regular bail. Ld. A.P.P. strongly objected for grant of bail.
I have gone through F.I.R. The names of applicants/accused persons
are
mentioned
in
F.I.R.

There
are
allegation
against
applicant/accused No.1 Faisal Qureshi that he assaulted to the
complainant and thrown mobile of complainant. In F.I.R. there are
allegation against applicant/accused No.3 Sajid Qureshi that he
assaulted to the complainant by fist blows and abused him. F.I.R. is
not showing that applicant/accused Nos.1 and 3 were armed with
any weapon. There are no allegations against applicant/accused
Nos.1 & 3 that they caused any grievous injury to the complainant.
Their role is to the extent of assault by fist blow to the complainant.
So far as applicant/accused No.2 Rizwan Qureshi is concerned,
there are allegations against him that he came at the spot alongwith
knife and he inflicted blow by means of knife to the complainant
from the backside portion of knife. It means the injury was not
caused by blade side of knife. It is material to note that MLC papers
filed by the applicants/accused alongwith this application shows
that the complainant has given history to the medical officer that he
was assaulted by eight persons by hand. The complainant has
nowhere stated before medical officer that he was assaulted by
knife or wooden stick. Therefore there is doubt in respect of assault
to the complainant by means of knife and wooden stick.
7.

In present case it appears that investigation of crime
has been practically completed. No purpose will be served by
keeping applicants/accused persons behind bar. They are ready to
abide by terms and conditions imposed by the Court. They are not
having any criminal antecedent.

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8.

Considering the nature of offence and role played by
the applicants/accused Nos.1 to 3 in crime, I am of the view that
accused No.1 to 3 are entitled for grant of regular bail. Therefore,
the bail application needs to be allowed. Hence, I proceed to pass
following order :ORDER
1.

Criminal
Bail
Application
No.972
of
2024
filed
by
Applicants/accused is allowed.
2.

Applicants/accused namely 1)Faisal Md.Javed Qureshi, 2)
Rizwan Abdul Gaffar Qureshi and 3) Sajid Abdul Gaffar
Qureshi, all residents of Bharat Nagar, Bandra (East), Mumbai400 051 be released on regular bail on furnishing P. R. Bond of
Rs.25,000/- each along with one or more sureties in like
amount each in connection with C.R. No. 86/2024 registered
with Chunabhatti Police Station for the offence punishable
under Sections 326, 143, 147, 149, 323, 504, 506 (2) r/w 34 of
I.P.C. r/w section 37 (1)(a), 135 of M.P.Act, 1951.
(a) The applicants/accused nos.1 to 3 are directed to attend
Chunabhatti Police station on every Sunday of each month in
between 10.00 a.m. to 12.00 noon till filing of charge-sheet.
(b) The applicants/accused nos.1 to 3 shall not enter into
vicinity where the informant resides.
(c) The applicants/accused nos.1 to 3 and their sureties shall
provide their respective residential addresses, mobile numbers
and email addresses, if any to investigation officer. The
applicants/accused nos.1 to 3 shall intimate any such change in
address or telephone number and Email ID forthwith.
(d) The applicants/accused nos.1 to 3 should not directly or
indirectly make any inducement, threat or promise to any
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person acquainted with facts of case so as to dissuade them
from disclosing the facts to Court or any Police Officer and
should not tamper with the evidence and prosecution witnesses.
(e) The applicants/accused nos.1 to 3 shall not leave India
without prior permission of Ld.Sessions Court.
(f) Breach of any conditions by the applicants/accused nos.1 to
3, shall result in cancellation of bail.
3.

Provisional cash bail of Rs.25,000/- is allowed to the
applicants/accused nos.1 to 3 for period of 4 weeks to furnish
surety from the date of release.

4.

Bail before Ld. Trial Court.

5.

Criminal Bail Application No.972 of 2024 stands disposed off
accordingly.

Date : 20.04.2024
Dictated on
Transcribed on
HHJ signed on
: 20/04/2024
: 22/04/2024
: 22/04/2024
[A.S. SALGAR]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
(C.R. No.24)
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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