CNR No.

MHCC02­004544­2022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.805 OF 2022
1. Mrs. Ameena Basheer Qureshi
Age : 45 years, Occp : Housewife,
R/o : Safi Khan Chawl, 4th Road Golibar,
Santacruz East, Mumbai­55.
2. Mrs. Khursid Israr Khan
R/o : Manuel Chawl, 4th Road Golibar,
Santacruz East, Mumbai­55.

…
Applicants
…
Respondent
…
Intervener
Versus
The State of Maharashtra
(At the instance of Police Station,
Vakola,
C.R.No.254/2022)
And
Mr. Mohammed Imtiaz Baig
Appearance:
Mr. Viral Rathod, Ld. Adv. for applicants.
Mrs. Rashmi Tendulkar, Ld. Addl. P.P.
Mr. Khalid Shaikh, Ld. Adv. for Intervener.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
April 18, 2022
ORDER
1.

Both applicants are co­accused in C.R.No.254/2022
registered with Vakola Police Station under Ss. 143, 147, 148, 149, 307,
325, 323, 504, 342, 341, r.w Sec.34 of IPC. They were arrested on
02.04.2022. They are praying for bail. Prosecution vide say (Exh.2) of
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BA No.805/2022
Investigating Officer strongly opposed the application pointing out two
antecedents against applicant No.1 and one against applicant No.2.
With this, prosecution contended that offence alleged against applicant
is serious. That, victims were seriously attacked by the applicants and
their associates. That, there is huge terror of the applicants in the area
therefore no one is coming forward to give statement. That, if they are
released on bail it will cause interference in the investigation. That,
anticipatory bail application filed by four co­accused was already
rejected and they have been absconding eversince.

That, injured
brother of the informant is not discharged from the hospital till date.
With this, prosecution contended to reject the application.
2.

Heard Ld. Adv. Mr. Viral Rathod for the applicants,
Ld. A.P.P Mrs. Rashmi Tendulkar and also heard Ld. Adv. Mr. Khalid
Shaikh for Intervener. Following points arise for my determination. I
am recording following findings thereon for the reasons discussed
below :­
POINTS
FINDINGS
1.

Whether the applicant­accused has made
out a strong prima­facie case to release him
on bail ?

Yes
2.

What Order ?

Application is
allowed
REASONS
POINT NO.1.
FACTS INVOLVED IN C.R.NO.254 OF 2022.
3.

One Imtiaz Baig lodged FIR No.254/2022 on 02.04.2022
alleging that, Amina Qureshi and her family are his neighbours. Their
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BA No.805/2022
house got demolished for redevelopment. Hence, they are residing at
some distance from his house. Amina and her sister Kurshid and their
family members have always quarreled with the informant and his
family.
4.

On 01.04.2022 at 15.15 hours the informant returned his
home after Namaz. He was talking with his wife outside the house. He
saw a motorcycle parked across the water drum causing obstruction for
taking water.

It was Khurshid’s motorcycle. Amina and Khurshid
alongwith their family were talking at some distance. Informant told
them to remove the motorcycle. All of them started abusing him. His
brother Ishtiyaq arrived at the spot and asked them the reason of their
abusing as such.

At that time Amina, Khurshid and their family
members started beating Ishtiyaq by stone, bamboo and rot. Ishtiyaq
fell down. Therefore, informant rushed with stick to rescue Ishtiyaq. All
of them abused and attacked him. Amina, Ayub, Arman and Adnan
started beating him by stones. Therefore, he ran towards his house and
further returned to save his brother when Ayub and Faran apprehended
his hands. Adnan gave blow of iron pipe on his head, right ribs, leg and
shoulder. He was apprehended by both of them, therefore could not
make any movement. Arman beat him by bamboo on his whole body.
Informant’s daughter Alfia came to rescue the scuffle.

Amina and
Khurshid beat her saying as, “bldks Hkh ekjks ”. Thereafter, residents in the
lane took the informant, his brother Ishtiaq and daughter Alfia to V.N.
Desai hospital. Blood was oozing from the head of the informant and
Ishtiyaq’s clothes were soaked with blood. After giving first aid, doctors
at V.N. Desai Hospital referred them to Sion Hospital. Accordingly they
were taken to Sion Hospital by ambulance. Ishtiyaq was admitted in
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BA No.805/2022
I.C.U. and informant and his daughter were kept in indoor patient
ward. These are the facts.
5.

There is another C.R.No.257/2022 at the instance of
Ameena Baig, wherein applicants in A.B.A. 775/2022 are accused. It is
contention of Intervener that, their present FIR No.254/2022 is prior to
the said FIR No.257/2022. Therefore, according to him the said FIR
No.257/2022 is counter­blast to the present FIR. It is necessary to refer
facts alleged in FIR No.257/2022.
FACTS INVOLVED IN C.R.NO.257 OF 2022
6.

Amina Bashir Qureshi, the present applicant, lodged FIR
contending that, she resides at Sarfaraz Khan Chawl, Golibar Road
No.4, Santacruz (E), Mumbai alongwith her sons Ayub Qureshi, Sayed
Qureshi and Atiq Qureshi. Ayub drives rickshaw and earns for their
family.

Her house was demolished under SRA project, therefore
presently it is an open place. Imtiaz Baig was tying his sheep in the said
open space. Also there is chicken shop and he is keeping his water
drum near the shop. All this has been causing inconvenience to the
informant and her family. Whenever he (Imtiaz Baig) was asked on this
inconvenience he used to pick up quarrels. The basic intention on their
part is to pressurize the present applicant Ameena Qureshi, so that she
would sale her house in SRA to Imtiaz Baig (the present informant) and
his brother Ishtiaq Baig.
7.

On 01.04.2022 at 15.15 hours Ameena Qureshi, her sister
Khursid (A2) and Shabaz, son of Amina’s brother, were cleaning the
open space; when Imtiaz Baig, Isqtiyaq Baig, Arslan, Mukin, Nilofar ,
Rukaiya, Amina Baig and Alfiya gathered there and raised objection for
BA No.805/2022
.. 5..

the cleaning work undertaken by the present applicant No.1, as referred
above. Therefore, quarrel took place wherein Nilofar Baig, Rukaiya
Baig, Amina Baig and Alfiya started abusing and manhandling the
applicant No.1 herein. Ishtiyaq Baig picked the throat of the informant
saying as “vkt rqe yksxksdk ukVd cgksr gks x;k] vkt rqe yksx dk [ksy [kre DksbZ
cpsxk ugh”. At that time Imtiaz Baig gave blows of iron pipe on the leg
and hand of Ameena. However, her sister came to rescue her, who was
abused and beaten by Nilofar, Rukaiya and Alfia. Ameena’s son Ayub
and her sister’s son Adnan came there to rescue the informant when
Imtiaz Baig gave blows of iron pipe on the head and shoulder of Ayub.
Mukin stabbed Adnan on his hand by knife. As all of them sustained
bleeding injuries, they started running towards V.N. Desai Hospital. At
that time Ameena’s sister’s sons named Arman and Farhan arrived there.
Imtiaz Baig and Ishtiyaq chased them with iron pipe and bamboo and
also started beating them. Ameena’s sister’s husband had come there
for taking walk. He was also threatened by Imtiaz and Ishtiyaq. These
are the facts of C.R.No.257/2022.
8.

This is bail application, wherein holding any FIR genuine
and another as counter­blast will amount premature conclusion. It is
material to note that, in ABA No.722/2022 preferred by Faran Khan,
Arman Khan, Adnan Khan and Ayub Qureshi, co­accused herein, their
role was discussed and their said application was rejected. In this way,
anticipatory bail application preferred by the co­accused in the present
crime was rejected. Ld. Adv. for the present applicants submitted that
the Hon’ble High Court has been pleased to grant interim protection to
all these co­accused whose anticipatory bail application was rejected by
this Court.

BA No.805/2022
9.

.. 6..

It is necessary to note role attributed to the present
applicants.

Allegations in the FIR indicate that, Ayub and Faran
apprehended his hands. Adnan gave blow of iron pipe on his head,
right ribs, leg and shoulder. Amina and Khurshid beat her saying as,
“bldks Hkh ekjks”. Therefore, it is clear that, the role attributed to present
applicants prima­facie attracts an offence punishment under Ss.323 and
504 IPC. It is material to note that, both of them were arrested on
02.04.2022. They were remanded to police custody by Ld. Court of
First Instance till 07.04.2022. Eversince they have been undergoing
judicial custody. FIR clearly indicates that both applicants had not used
any weapon, but simply threatened the victim of beating and also beat
them by instigating co­accused. In my opinion for this act attributed to
them, they had already undergone sufficient police custody remand of
5 days. Both of them are women. Careful perusal of medical papers
and the injuries sustained by Imtiaz and Ishtiyaq are due to the attack
made by co­accused, whose anticipatory bail application was already
rejected.

Therefore, I strongly feel that,
further detention of the
applicants is not required. If certain conditions are imposed on them,
same will safeguard the objections raised by the Investigating Officer.
Hence, I hold that both applicants have made out strong prima­facie
case for their release on bail. Hence, Point No.1 is answered in the
affirmative and following order is passed :­
ORDER
1.

Bail Application No.805 of 2022 is allowed.

2.

Applicants No.1 Mrs. Ameena Basheer Qureshi and
No.2. Mrs. Khursid Israr Khan be released on bail in
C.R.No.254/2022 registered with Vakola Police Station
by everyone of them executing PR bond of Rs.15,000/­
and surety bond of like amount, on following conditions,
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BA No.805/2022
i)
Applicants shall undertake not to pressurize and threaten
the informant, his family members and relatives in any
manner.

ii)
Applicants shall undertake to attend Vakola Police
Station once in a week on every Friday at any time
between 08.00 a.m. to 05.00 p.m. and maintain its record
for 60 days.

3.

Bail before Ld. Court of First Instance.
Digitally signed
by MADHAV
GOPAL
MADHAV
DESHPANDE
GOPAL
DESHPANDE Date:
2022.04.18
17:45:07 +0530
Dt.: 18.04.2022
Signed on
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
: 18.04.2022
BA No.805/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
18.04.2022
at
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Date
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judgment/order
(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
of 18.04.2022
Judgment/order signed by P.O. on
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