Mumbai, Maharashtra – March 19, 2024 – Altaf Mohd. Qadeer Qureshi, a resident of Govandi, Mumbai, has been granted bail by the Sessions Court for Greater Mumbai in connection with an attempted murder case registered at the Shivaji Nagar Police Station. The case, C.R. No. 1051 of 2023, involves charges under sections 307 (attempt to murder), 323 (voluntarily causing hurt), 504 (intentional insult), 506(2) (criminal intimidation), 141 (unlawful assembly), 143 (unlawful assembly), 147 (rioting), 148 (rioting with deadly weapon), and 149 (unlawful assembly in prosecution of common object) of the Indian Penal Code (IPC), along with sections 4 and 25 of the Arms Act.

Arguments Presented:

Altaf Qureshi, through his lawyer, Advocate Shahid Pathan, argued that he was falsely implicated in the case. He emphasized that the complainant had a criminal background and that Qureshi, a poor man whose family depended on him, was wrongly accused. He also pointed out that other co-accused in the same case had already been granted bail by the same court.

The prosecution, represented by Additional Public Prosecutor (A.P.P.) J.N. Suryawanshi, and the Investigating Officer, opposed the bail application. They argued that one more accused was yet to be arrested and that Qureshi was a main accused in the case. They also stated that the alleged weapon used in the offense was yet to be seized.

Court’s Decision and Rationale:

Additional Sessions Judge A.A. Kulkarni, after reviewing the FIR and hearing arguments from both sides, granted Qureshi bail. The court noted that while the FIR detailed a violent incident on November 28, 2023, where the complainant was attacked with swords by several individuals, Qureshi’s name did not appear prominently in the initial report.

The court specifically pointed out that “prima facie name of applicant is not appearing in FIR, further no specific role is attributed to applicant.” The judge also stated that the fact that another accused was absconding could not be a ground to deny bail to Qureshi. The court concluded that there was no need for further detention of Qureshi, as nothing was to be seized at his instance.

Bail Conditions Imposed:

The court granted bail to Altaf Qureshi on the following conditions:

• Personal Bond and Surety: He must furnish a personal bond and surety bond of Rs. 25,000.
• Police Station Attendance: He must attend the Shivaji Nagar Police Station every Monday until the conclusion of the investigation or for three months, whichever is earlier.
• Address and Contact Details: He must provide his residential address proof and contact numbers to the Investigating Officer.
• No Influence on Witnesses: He must not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case.
• Travel Restrictions: He cannot leave India without the court’s prior permission.
• Bail Execution: Bail to be executed before the learned court below.

Significance of the Decision:

This decision highlights the importance of specific allegations and evidence in granting or denying bail. The court’s emphasis on the lack of a specific role attributed to Qureshi in the FIR demonstrates the principle that bail should not be denied based on vague or unsubstantiated claims. The court balanced the seriousness of the charges with the individual’s right to liberty, imposing conditions to ensure his presence during the investigation and trial. This case also shows the importance of the content of the FIR itself when considering bail.