B.A.869/2022
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IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT BOMBAY
CRIMINAL BAIL APPLICATION NO.869 OF 2022
( CNR NO.: MHCC02­004876­2022 )
Aslam Abdul Rauf Qureshi
Age: 29 years, Occ: Business
R/o: Room no.12, Halimabai
Chawl no.42, Quresh Nagar,
Kurla (E), Mumbai­400 070.

……Applicant/Accused.

V/s.
The State of Maharashtra.
( At the instance of Chunabhatti P.Stn.
Vide C.R. No.15/2022)
…Respondent/State.

Appearance:­
Mr. Qureshi Advocate for the Applicant/Accused.
Mr. Ramesh Siroya APP for the State/respondent.
CORAM : H.H. THE ADDL. JUDGE
SHRI G.B.Gurao (C.R.17)
DATE : 04/05/2022.
ORDER
1.

This is an application for bail by applicant/accused Aslam Abdul
Rauf Qureshi under Section 439 of Cr.P.C. in crime No.15/2022 under
section 307, 353, 324, 323,504, 143, 147, 148, 149 of IPC, under
Section 5 (C) 9 (A) of Maharashtra Animal Protection Act, 1995,
registered at police station Chunabhatti, Mumbai.
Facts in brief are as under :­
2.

Complainant Pratik Nanaware is working as a volunteer at Dhyan
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Foundation Organization, Delhi. The object of the said Dhyan
Foundation Organization (NGO) is to prevent the cruelty with animals.
Complainant worked under the guidance of Yatin Jain, Animal Welfare
Officer, Mumbai. On 16.01.2022 at about 5.30 pm Yatin Jain gave
information to the complainant. Accordingly, complainant and his
colleague Ashish went to Chunabhatti police station and informed that
one Eicher Company’s Tempo loaded with cow flesh is coming to
Kasaiwada for sale at Aslam Qureshi alias Mulla. Accordingly,
complainant, his colleague and police went towards the direction of
Nagobachowk. At about 6.00am they saw one white colour pick­up
tempo was going in slow speed. The said tempo was not giving side to
them. The tempo reached near Badi Masjid, Kabrastan Road, Qureshi
Nagar, Kurla (E), Mumbai. In the meantime one golden colour Toyato
Innova Car came behind police vehicle. It is alleged that the mob of 18
to 20 persons was gathered and they had rods and sticks with them. In
the said mob accused Qureshi was present. Thereafter, police saw one
Eicher Company’s Maroon colour tempo on the open place. The name of
the driver was Mustaque. Police inquired with him and he told that
tempo contain cow flesh. Mustaque did not produce any documents.
However, complainant and police saw ice and pieces of flesh in the
tempo.
3.

Further story of prosecution is that, at about 6.15 am when
complainant and police were coming by sky walk bridge by walk the
said mob of 18 to 20 persons came towards their direction. They were
abusing to them. They were having iron Rods and Bambu and also
Stones with them. At the time accused Aslam told that “ budks vkt [kYYkkl
dj nsaxs] lc feyds budks ekj Mkysxa ]s budks vkt dkSu cpkrk gS] ogh ns[krk gWwa**
Accordingly, mob became violent and they assaulted to complainant and
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his colleague by iron rods, stick and stones. Accused attempted to
murder the complainant and his colleague. Accused also prevented the
police officer from performing their duty. Thereafter, complainant and
his colleague Ashish were taken to the Sion hospital. Ashish was
admitted as an indoor patient. The FIR was registered. During the
investigation police arrested accused, seized weapons, recorded
statements of witnesses and after completion of investigation filed
charge­sheet
against
the
accused
before
Learned
Metropolitan
Magistrate, Mumbai.
4.

Mr. Qureshi Advocate for applicant/accused has submitted that
applicant is innocent and he has not committed any crime. The injured
Ashish Barik
was admitted in Sion hospital for three days and
thereafter, he was discharged. He further submitted that investigation
is completed. Charge­sheet is filed. The antecedents of the accused are
clear. He undertakes to abide by the conditions, if any imposed by the
Court. He, prayed to release the applicant/accused on bail.
5.

Mr. Siroya, APP for the State has submitted that all the accused
had formed unlawful assembly. Accused committed rioting by deadly
weapons.

Injured Ashish Barik has sustained grievous injury on his
head. If the accused is released on bail then he will abscond. He prayed
to reject the application.
6.

Injured Ashish Barik filed intervention application and opposed
the bail application. According to him, he had taken treatment in Saifee
hospital. He prayed to reject the application.
7.

Here in the present case, investigation is completed. From the say
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of prosecution, I find that weapons are seized and after completion of
investigation charge­sheet is filed against the accused. It is alleged that
accused formed an unlawful assembly and committed rioting. From the
perusal of FIR, I find that the mob attacked on the complainant and
injured Ashish. In the FIR no specific role is attributed to each accused.
It is true that offence is serious but as stated above the investigation is
completed.

The incident occurred on 16/01/2022 and since then
accused is in judicial custody. Now there is no recovery or discovery at
the instance of accused.

His further custody is not necessary.

He
undertakes to abide by the conditions, if any imposed by the Court.
Therefore, accused is entitled for bail. Hence, following order.
ORDER
1.

Bail Application No. 869/2022 is hereby allowed.

2.

Applicant/accused namely Aslam Abdul Rauf Qureshi
in C.R.No.15 of 2022 registered with Chunabhatti police
station for the offence punishable under Sections 307,
353, 324, 323,504, 143, 147, 148, 149 of IPC, under
Section 5 (C) 9 (A) of Maharashtra Animal Protection
Act, 1995, shall be released on his executing PR Bond
of Rs.30,000/­ (Thirty Thousand only) with one or
more sureties of the like amount on the conditions
that :­
a)
He shall attend concerned police station as and when
reasonably required by investigating officer till
further orders.

b)
He shall not pressurize the prosecution witnesses in
any manner.

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c)
He shall not commit any offence while on bail.

d)
He shall attend the dates of Court regularly unless
exempted by the Court.

e)
He shall furnish his correct address to the
investigating officer.

3.

He be released on provisional cash bail of Rs.30,000/­.
Duration of provisional cash bail shall be for four weeks.

4.

Bail before Ld. Magistrate.

5.

Bail Application No.869/2022 is disposed of accordingly.
Digitally signed
by GIRISH
BALKRISHNA
GIRISH
BALKRISHNA GURAO
Date:
GURAO
2022.05.05
13:32:57 +0530
Dictated on
Transcribed on
Date of sign
: 04.05.2022.
: 05.05.2022.
: 05.05.2022.

(G.B.Gurao)
Addl. Judge
City Civil & Sessions Court,
Gr. Bombay.

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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
05.05.2022.
UPLOAD DATE AND TIME
Mrs. M. M. Kadam
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)

HHJ SHRI.G.B.Gurao,(C.R.No.11)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
04.05.2022
Order signed by P.O. on
05.05.2022.

order uploaded on
05.05.2022.