Shahrukh Salim Qureshi Vs State of Maharashtra Bombay Sessions Court Criminal Bail Application No 1619 of 2022

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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1619 OF 2022
CNR NO. MHCC02­008752­2022
Shahrukh Salim Qureshi
Age: 20 years, Occ: Business,
R/at : 4/6, Ashrafi Manzil, 4th Floor,
Room No.29, Chinchbunder Cross Khadak,
Dongri, Mumbai.

…Applicants/Accused
Vs.
The State of Maharashtra
(At the instance of Sewree police station)
…Respondent/State
Appearances :­
Mr. Shahid Iqbal, Ld. Advocate for the applicant/accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI A.A. KULKARNI (C.R. NO.24)
DATED : 29TH JULY, 2022
(ORAL ORDER)
(Dictated and pronounced in the open Court)
This is an application for bail under Section 439 of Cr. P.C.
Heard Ld. Advocate for the applicant and Ld. APP for the State. Perused
documents on record.
2.

The Ld. Advocate for applicant submitted that applicant is
falsely implicated in this case on the say of informant. It is further
contended that applicant was assaulted by informant. Applicant wants
to lodge report to Dongri police station. During that period informant
manage and lodged report at Sewree police station and applicant is
falsely implicated in this case. It is further contended that on perusal of
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allegation of informant, it is clear that there is no danger to his life and
he is discharged from the hospital. Weapon is already seized. Therefore,
further custodial interrogation of applicant is not required. Applicant is
ready to abide any condition imposed by this Court. Hence, prayed for
grant of bail.
3.

Ld. APP filed say Exh.2 and opposed the application on the
ground that applicant is having criminal antecedents. Several cases are
pending against him registered by Dongri police station, Pydhonie
police station and Sir J.J. Marg police station. If applicant is released on
bail, there is possibility of tampering of evidence of prosecution.
Hence, prayed for rejection of the application.
4.

In view of submissions from both the sides and on perusal
of FIR and say, it revealed that applicant and informant are knowing
each other. Prior to incident, there was another incident of quarrel on
11.06.2022 and out of that incident, present incident is occurred.
Further it is clear that after incident informant was taken for treatment.
He is discharged from hospital and there is no threat to his life. What
was intention of applicant in the incident, can be decided on the basis
of evidence at the time of trial. Alleged weapon used by applicant
during incident, is already seized. From 16.06.2022 applicant is in
judicial custody. In such circumstances, I am of the opinion that by
protecting interest of prosecution i.e. to prevent applicant from
tampering evidence, by imposing conditions he may released on bail.
Hence, I passed the following order :­
ORDER
1.

Criminal Bail Application No. 1619 of 2022 is allowed.

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2.

Applicant/accused Shahrukh Salim Qureshi be released on bail
on his furnishing P.R. Bond of Rs.25,000/­ along with one or two
sureties of like amount in connection with C.R. No.392/2022
registered with Sewree police station.

3.

Applicant/accused shall attend Sewree police station on notice by
Investigating Officer.

4.

Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.

5.

Applicant/accused shall not directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the Court or to any Police Officer.

6.

Applicant/accused shall not leave India without previous
permission of the Court.

7.

Bail before Ld. Court below.

8.

Criminal Bail Application No.1619 of 2022 stands disposed of
accordingly.

Date : 29.07.2022
Dictated on
: 29.07.2022
Transcribed on : 29.07.2022
HHJ signed on : 29.07.2022
[A.A. KULKARNI]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
30.07.2022
Upload Time
4.30 p.m.

Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24)
Court Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 29.07.2022
JUDGMENT /ORDER signed by 29.07.2022
P.O. on
JUDGMENT /ORDER uploaded 30.07.2022
on