Mumbai, August 19th, 2022 – The Sessions Court for Greater Mumbai has granted bail to Moinuddin Mohijuddin Qureshi, who was arrested for allegedly assaulting a public servant. The court, presided over by Additional Sessions Judge Dr. A.A. Joglekar, allowed the bail application, citing the lack of prima facie evidence to substantiate the assault allegations.
Qureshi was arrested in connection with C.R. No. 772 of 2022, registered at the Vakola Police Station, for offenses punishable under Section 353 (assault or criminal force to deter public servant from discharge of his duty) of the Indian Penal Code1 (IPC) read with Section 142 of the Maharashtra Police Act.
According to the prosecution, on July 25th, 2022, at around 4:00 AM, police officers from the Crime Prohibition Cell, while on patrol, received information that Qureshi, despite being prohibited by the DCP Zone-VIII, was at his residence. When officers approached him, he allegedly tried to flee and then assaulted them, obstructing them from performing their duties.
Qureshi’s defense, presented by Advocate Imran Shaikh, argued that he was falsely implicated and a victim of circumstances. He contended that the prosecution’s story was doubtful and that the invoked sections did not establish a prima facie offense.
The prosecution, represented by Additional Public Prosecutor Sukhdeve, opposed the bail, claiming that Qureshi would threaten witnesses and was a habitual offender.
Judge Joglekar, after examining the case papers, noted that while the prosecution alleged Qureshi assaulted the officers, there was no prima facie evidence on record to support this claim.
“In this regard, in order to substantiate the said factum of altercation in prima-facie or any such criminal force and/or assault as envisaged as a pre-requisite qua sine-qua-non element of Section 353 nothing is placed on record,” Judge Joglekar stated.
He also addressed the prosecution’s apprehension about witness intimidation and Qureshi’s alleged habitual offender status, stating that these concerns could be mitigated by imposing stringent conditions, including regular police station attendance.
“Considering the factum of assault or criminal force this Court had raised a specific query with the Ld. Prosecutor, upon which he fairly stated that prima-facie nothing appears in the reply to that effect. Considering this particular fact the apprehension of the prosecution can be taken care of by saddling stringent conditions including marking of presence of the applicant/accused with the respondent agency,” Judge Joglekar noted.
Consequently, the court granted bail to Moinuddin Mohijuddin Qureshi, subject to the following conditions:
- Personal Bond (P.R.) and Surety Bond: Qureshi must execute a P.R. Bond of Rs. 30,000/- with one or two sureties of the same amount.
- Address and Contact Information: Qureshi and his surety must provide their residential addresses, mobile numbers, and email addresses.
- No Influence on Witnesses: Qureshi must not directly or indirectly influence witnesses.
- No Tampering with Evidence: Qureshi must not tamper with prosecution evidence.
- Police Attendance: Qureshi must attend the Vakola Police Station every Tuesday and Friday between 11:00 AM and 4:00 PM until the charge sheet is filed.
- Passport Surrender: Qureshi must surrender his passport to the investigating officer or provide an affidavit stating he does not have one.
- Travel Restrictions: Qureshi must not leave Maharashtra without court permission.
The court’s decision highlights the importance of prima facie evidence in bail considerations and the use of stringent conditions to address prosecution concerns. The Vakola Police Station will continue its investigation.