Mumbai, Maharashtra – April 18, 2022 – Mrs. Ameena Basheer Qureshi and Mrs. Khursid Israr Khan, accused in a violent assault case, have been granted bail by the Sessions Court for Greater Bombay. Additional Sessions Judge M.G. Deshpande (C.R. No. 16) allowed Bail Application No. 805 of 2022, related to C.R. No. 254/2022 registered with Vakola Police Station.
Qureshi and Khan were arrested and charged under Sections 143 (unlawful assembly), 147 (rioting), 148 (rioting, armed with deadly weapon), 149 (every member of unlawful assembly guilty of offense committed in prosecution of common object),1 307 (attempt to murder), 325 (voluntarily causing grievous hurt), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the2 peace), 342 (wrongful confinement),3 341 (wrongful restraint), read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).
Case Background:
The case stemmed from a First Information Report (FIR) filed by Mohammed Imtiaz Baig, who alleged that Qureshi and Khan, his neighbors, along with their family members, assaulted him, his brother Ishtiyaq, and his daughter Alfia. The incident occurred after a dispute over a motorcycle parked obstructing a water drum.
Arguments and Court’s Reasoning:
The prosecution strongly opposed the bail, citing the seriousness of the offense, the violent attack on the victims, and the alleged terror the accused held in the area. They also mentioned the rejection of anticipatory bail applications for four co-accused who were absconding and the continued hospitalization of the complainant’s brother.
The defense, represented by Adv. Viral Rathod, argued that the women were arrested on April 2, 2022, and had been in custody since. They emphasized that the FIR indicated the women primarily threatened and instigated the assault, rather than directly wielding weapons. They also pointed out that the women had already served five days of police custody remand.
The court considered the FIR and the role attributed to the applicants. “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,” Judge Deshpande noted.
The court also took into account that the women were arrested on April 2, 2022, and had been in custody since. The court also considered that the injuries sustained by the complainants were primarily due to the actions of the co-accused whose anticipatory bail was rejected.
“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,” Judge Deshpande stated.
Bail Conditions:
Judge Deshpande granted bail to Ameena Basheer Qureshi and Khursid Israr Khan on the following conditions:
- Execution of a personal bond of ₹15,000 and a surety bond of the same amount for each applicant.
- An undertaking not to pressurize or threaten the complainant, his family members, or relatives.
- Attendance at Vakola Police Station once a week on Fridays between 8:00 a.m. and 5:00 p.m. for 60 days.
- Bail to be processed before the Court of First Instance.
The certified copy of the judgment was issued on April 18, 2022. This decision highlights the court’s consideration of the specific roles attributed to the accused women, the duration of their custody, and the imposition of conditions to address the prosecution’s concerns.