Mumbai, March 22, 2024 – Rajmohamad @ Raja Kasam Qureshi, a 34-year-old delivery boy, has been granted bail by the Sessions Court for Greater Mumbai, at Mazgaon, pending his appeal against a conviction for molestation. Additional Sessions Judge K.P. Shrikhande (Court Room No. 87) issued the order on March 18, 2024.
Qureshi was convicted by the trial court on February 26, 2024, in C.R. No. 135/2020 registered at the Malabar Hill police station. He was found guilty under Sections 354 (assault or criminal force to woman with intent to outrage her modesty) and 354(A) (sexual harassment) of the Indian Penal Code1 (IPC). He was sentenced to two years of rigorous imprisonment and a fine of Rs. 1,000 for the Section 354 offense, and six months of rigorous imprisonment and a fine of Rs. 500 for the Section 354(A) offense.
Background and Appeal:
Qureshi filed a Criminal Appeal (No. 184 of 2024) challenging his conviction and sentence. He also filed a bail application (No. 674 of 2024) seeking release pending the appeal’s outcome.
Arguments Presented:
Advocate Deepak Dere, representing Qureshi, sought bail pending the appeal.
Additional Public Prosecutor (APP) Kishor Tadavi, representing the State, opposed the bail, citing the seriousness of the offense and the possibility of Qureshi absconding.
Court’s Reasoning and Decision:
Judge Shrikhande considered that Qureshi was on bail during the trial and had challenged the legality of his conviction and sentence. The court also noted that the substantive sentence had been suspended.
Considering these factors, the court concluded that Qureshi could be released on bail pending the appeal.
Bail Conditions:
Qureshi was granted bail upon furnishing a personal bond of Rs. 20,000 with a surety of the same amount. The following conditions were imposed:
- Qureshi must furnish the bail before the trial court within one month.
- He was granted the liberty to furnish provisional cash bail for one month.
Order Details:
The order was signed on March 18, 2024, and uploaded on March 22, 2024, at 5:10 p.m.
This decision reflects the court’s consideration of Qureshi’s bail during the trial, the pendency of his appeal, and the suspension of his sentence, along with the imposition of conditions to ensure his appearance during the appeal process.