Mumbai, February 4, 2022 – Shahrukh Salim Qureshi @ Shahrukh Pathan has been granted bail by the Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985, Greater Bombay, in a case involving offenses under the NDPS Act, Arms Act, and Maharashtra Police Act. Special Judge D.B. Mane (Court Room No. 43) issued the order on February 3, 2022.
Qureshi was arrested in connection with C.R. No. 11/2022, registered at the Dongri Police Station, for offenses under Section 160 of the Indian Penal Code (IPC), Section 37 read with 135 of the Maharashtra Police Act, Sections 3 and 4 read with 25 of the Arms Act, and Sections 8(c), 20(b)(ii)(A), 22(b), and 29 of the NDPS Act.
Background and Allegations:
On January 12, 2022, police patrolling in Dongri apprehended Qureshi and three others for shouting loudly and creating a disturbance in public. During the apprehension, co-accused Shabbir Nasim Shaikh was found in possession of a firearm pistol, live cartridges, and contraband MD. Qureshi was found in possession of a sharp knife (chopper).
Arguments Presented:
Advocate Shahid Iqbal, representing Qureshi, argued that no contraband was recovered from his client and that the NDPS Act provisions were not applicable to him. He emphasized that Qureshi was falsely implicated and willing to abide by any court conditions.
Additional Public Prosecutor (APP) S.S. Panjwanit opposed the bail, citing Qureshi’s criminal antecedents and the possession of a weapon (chopper) during the incident. He argued that Qureshi was a habitual offender and could create further disturbances if released. He relied on judgments from the Rajasthan High Court and the Supreme Court to support his arguments regarding the denial of bail to individuals with criminal records.
Court’s Reasoning and Decision:
Judge Mane noted that the primary allegations against Qureshi were related to affray, possession of a weapon in contravention of the Arms Act and District Magistrate’s orders, and offenses under the Maharashtra Police Act. He also noted that no contraband was recovered from Qureshi.
The court acknowledged Qureshi’s criminal antecedents, which included three prior cases:
- C.R. No. 233/19 (Sections 324, 504, 506 r/w 34 IPC, Maharashtra Police Act, and Arms Act)
- C.R. No. 312/20 (Section 392 r/w 34 IPC)
- C.R. No. 129/19 (Section 324 r/w 34 IPC)
However, the court distinguished Qureshi’s case from those cited by the APP, where the accused had extensive and serious criminal records. The court observed that Qureshi’s prior offenses, while concerning, did not warrant indefinite detention.
The court decided to grant bail with stringent conditions to ensure public order and prevent interference with the investigation or witness intimidation.
Bail Conditions:
Qureshi was granted bail upon executing a personal bond of Rs. 35,000 with one or more sureties of the same amount. The following conditions were imposed:
- Qureshi must report to the Dongri Police Station every Monday between 11:00 a.m. and 2:00 p.m. until the charge sheet is filed.
- He must not directly or indirectly influence or threaten any person acquainted with the case.
- He and his sureties must provide their mobile numbers and residential addresses, along with the names, mobile numbers, and addresses of two blood relatives.
- He must provide proof of identity and residence at the time of executing the bail bonds.
- He must inform the investigating officer and the court of any change in his residential address.
- He must not leave India without prior permission from the court.
- He must not commit similar offenses while on bail.
- Breach of any condition will result in the cancellation of his bail.
Order Details:
The order was dictated, transcribed, and signed on February 3, 2022, and uploaded on February 4, 2022, at 1:00 p.m.
This decision reflects the court’s consideration of the specific allegations against Qureshi, his criminal record, and the imposition of stringent conditions to balance his right to liberty with the interests of public order and justice.