Mumbai, Maharashtra – May 5, 2022 – Aslam Abdul Rauf Qureshi, accused in a rioting and attempt to murder case, has been granted bail by the Sessions Court for Greater Bombay. Additional Judge G.B. Gurao (C.R. 17) allowed Criminal Bail Application No. 869 of 2022, related to C.R. No. 15/2022 registered with Chunabhatti Police Station.
Qureshi was arrested and charged under Sections 307 (attempt to murder), 353 (assault or criminal force to deter public servant from discharge of his1 duty), 324 (voluntarily causing hurt by dangerous weapons or means), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace),2 143 (unlawful assembly), 147 (rioting), 148 (rioting, armed with deadly weapon), and 149 (every member of unlawful assembly guilty of offense3 committed in prosecution of common object) of the Indian Penal4 Code (IPC), and under Section 5(C) and 9(A) of the Maharashtra Animal Protection Act, 1995.
Case Background:
The complainant, Pratik Nanaware, a volunteer with the Dhyan Foundation Organization, received information that a tempo loaded with cow flesh was being brought to Kasaiwada for sale at Aslam Qureshi alias Mulla’s location. The complainant, along with police, intercepted the tempo and found cow flesh inside.
Subsequently, a mob of 18-20 people, including Qureshi, armed with rods and sticks, allegedly attacked the complainant and his colleague, Ashish Barik. They also allegedly attempted to murder them and obstructed police officers from performing their duties. Ashish Barik sustained serious injuries and was hospitalized.
Arguments and Court’s Reasoning:
Qureshi’s counsel argued that his client was innocent, the injured Ashish Barik had been discharged from the hospital, the investigation was complete, and the charge sheet had been filed. He also emphasized that Qureshi had no prior criminal record and was willing to abide by any conditions imposed by the court.
The prosecution, represented by APP Ramesh Siroya, opposed the bail, arguing that Qureshi was part of an unlawful assembly that committed rioting with deadly weapons and that Ashish Barik had sustained grievous injuries. They also expressed concerns that Qureshi would abscond if released.
Ashish Barik also filed an intervention application opposing the bail, claiming he had received additional treatment at Saifee Hospital.
The court, after reviewing the case, noted that the investigation was complete and the charge sheet had been filed. “Here in the present case, investigation is completed. From the say of prosecution, I find that weapons are seized and after completion of investigation chargesheet is filed against the accused,” Judge Gurao stated.
The court also acknowledged the seriousness of the offense but noted that the FIR did not attribute specific roles 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,” Judge Gurao concluded.
Bail Conditions:
Judge Gurao granted bail to Aslam Abdul Rauf Qureshi on the following conditions:
- Execution of a personal bond of ₹30,000 with one or more sureties of the same amount.
- Attendance at the concerned police station as required by the investigating officer until further orders.
- Prohibition from pressuring prosecution witnesses.
- Prohibition from committing any offense while on bail.
- Regular attendance at court hearings unless exempted.
- Submission of correct address to the investigating officer.
- Provisional cash bail of ₹30,000 for four weeks.
- Bail to be processed before the Learned Magistrate.
The certified copy of the judgment was issued on May 5, 2022. This decision highlights the court’s consideration of the completion of the investigation and the filing of the charge sheet when granting bail, even in cases involving serious offenses.