Cri.Bail Application No.104/2024
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MHCC020007082024
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.104 OF 2024
(CNR NO.MHCC02-000708-2023)
IN
C.R.NO.922 OF 2023
Mr. Gullesh Mohd. Aarif Qureshi
Age 18 years, Indian Inhabitant,
Residing at Gausulvara Madarsa,
Rafiq Nagar Part 2, Shivaji Nagar,
Govandi, Mumbai 400 043.

..Applicant/Accused
Vs.
The State of Maharashtra
Through the Senior Inspector of Police,
Shivaji Nagar Police Station.
..Respondent
Appearances :Ld. Advocate Mr. Rahul T. Ingole, for the Applicant/Accused.
Ld. Addl. P.P. Mrs. Meera Choudhari-Bhosale with Mrs. Rajlaxmi
Bhandari, for the State/Respondent.
CORAM : H.H.DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE,
(COURT ROOM NO. 41).
DATED : 13TH FEBRUARY, 2024.
ORDER
01.

The application is filed by the accused under Section 439
of Code of Criminal Procedure in connection with C.R. No.922/2023
registered with Shivaji Nagar Police Station for the offence
punishable under Sections 307, 324, 354, 323, 504, 506, 506-II, 452,
143, 144, 146, 147, 148, 149 of Indian Penal Code, 1860 and sections
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4 and 25 of the Arms Act, 1959 and sections 37(1)(A) and 135 of the
Bombay Police Act, 1951.
02.

Notice was issued to the respondent. The Investigating
Officer has filed Say at Exh.2. It is adopted by the Ld. Addl.P.P.
03.

Heard both the Ld. Counsels. It is the contention of the
advocate of the accused that the accused was arrested on 14/11/2023.
Since then he is languishing in jail. Investigation is complete. Chargesheet is filed. It is alleged that the accused assaulted Afroz on his
back by sword. But no sword was recovered from the accused. The
accused is 18 years old. He is permanent resident of Mumbai. He is
ready to abide by all terms and conditions imposed by the Court. He
has prayed for grant of bail to the accused.
04.

Ld. Addl.P.P. submitted that the accused is a habitual
offender. The other accused are absconding. C.R. No.218/2023 for
offence punishable under sections 324, 323, 506-II r/w 34 of the
Indian Penal Code, 1860 and section 37(1)(A), section 135 of the
Bombay Police Act registered at Shivaji Nagar Police Station is
pending against the accused. If the accused is granted bail, there is
possibility that he will commit more offence. There is possibility that
he will threaten the complainant, witness and panch. There is threat
to their life. There is possibility of absconding and not remaining
present for trial. They have prayed for rejection of the application.
05.

Perused record. FIR shows that on 16/10/2023 the cousin
sister of the complainant Zainab was restricted from talking with
Farhan Mansuri. Friends of Farhan namely Sameer @ Shammo,
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Gullesh i.e. present accused, Sahir Shaikh and Shahrukh abused the
aunt and Wazid of the complainant and assaulted them by hand. At
that time, the complainant had intervened and stopped their dispute.
On 19/10/2023 at about 9:30 p.m., when the complainant and his
mother were at home, somebody banged their door. When the
mother of the complainant opened the door, she saw that Shahrukh
was standing there with axe in his hand. When his mother tried to
close the door, Shahrukh assaulted on her head by the wooden side
of the axe. The complainant pushed back Shahrukh. At that time
Sameer @ Shammo kicked on the chest on the mother of the
complainant and she fell back. At that time, Gullesh i.e. present
accused, Aman, Sahil Shaikh and two unknown persons entered the
house forcibly, carrying wooden bamboo, sword. They caught hold
of the complainant, abused and assaulted him and took him out of
the house. Sameer @ Shammo assaulted the complainant by sword
on his head, which the complainant evaded and fell on the ground.
Sameer @ Shammo and Sahil assaulted the complainant by sword
on his back. Afroz, Niyaz and Shamim residing in the vicinity came
there to help the complainant. Sameer @ Shammo kicked Niyaz on
the stomach. Shaharukh assaulted Niyas by axe on his head. Aman
assaulted Shamim on his back and left hand by knife. Gullesh i.e.
present accused assaulted Afroz by sword on his back. Samir @
Shammo threatened the people gathered there with threat of death, if
anyone interfered. All the people ran away and the shop owners
closed down the shutters of their shop. The complainant and his
mother ran away.

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06.

The role attributed to the present accused Gullesh is
abusing and assaulting by hand to the aunt of the complainant and
Wazid on 16/10/2023. Secondly, assault by sword on the back of
Afroz on 16/10/2023.

Medical Report OPD No.73058, Casualty
No.37/422 shows that Afroz had sustained simple injury on his upper
back by sharp object. It is pertinent to note that no sword is
recovered from the accused. Taking into consideration that no sword
is recovered from the accused, investigation is complete, charge-sheet
is filed; there is no propriety in continuing the incarceration of the
accused. To facilitate the investigation in respect of the whereabouts
of the absconding accused, the accused can be directed to attend the
police station once in three months. To protect the complainant and
ensure presence of the accused for trial, terms and conditions
imposed on him while grant of bail.

Similarly, to protect the
complainant, avoid future dispute and repetition of offence, certain
terms and condition can be imposed on the accused. For the
aforesaid reasoning, it is found fit to grant bail to the accused by
imposing certain terms and conditions. Hence, the orderORDER
1.

The Criminal Bail Application is allowed.

2.

The accused Gullesh Mohd. Aarif Qureshi be released on bail in
Crime No.922 of 2023 registered with Shivaji Nagar Police
Station for the offence punishable under Sections 307, 324, 354,
323, 504, 506, 506-II, 452, 143, 144, 146, 147, 148, 149 of Indian
Penal Code, 1860 and sections 4 and 25 of the Arms Act, 1959
and sections 37(1)(A) and 135 of the Bombay Police Act, 1951
on executing P.R. Bond of Rs.25,000/- with one or more
surety/sureties in like amount, on the following conditions :-
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a) He shall not tamper with prosecution witnesses and
evidence.

b) He shall attend Shivaji Nagar Police Station on 1 st Sunday
of every three months from 7:00 a.m. to 8:00 a.m. till
completion of the trial.

c) He shall not commit any offence in future.
d) He shall not leave India without permission of the Court.
e) He shall furnish his permanent and temporary address, if
any, and his contact details to the concerned police
station.

f) He shall not change his residential address without prior
intimation to the Investigation Officer and to the
concerned Court.

3.

Breach of any condition would entail cancellation of bail.

Date: 13/02/2024
Place: Mumbai
(Dr. Gauri Kawdikar)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED ORDER.”
Upload Date Upload Time
13/02/2024
05.38 P.M.

Name of the Judge
(With Court Room No.)

Name of Stenographer
Mrs. Mrunal S. Pendkhalkar
HHJ DR.GAURI KAWDIKAR
(Court Room No. 41)
Date of Pronouncement of
ORDER
13/02/2024
ORDER signed by P.O. on
13/02/2024
ORDER uploaded on
13/02/2024