Allowed

Sameer Ashraf Qureshi v. the State of Maharashtra and Anr.

Bombay HC28 Sept 2021BA/1020/2021

Case brief

AI extract

What is this about?

This court granted bail to the applicant charged under Section 307 IPC. The trial had barely commenced after more than five years of custody. No criminal antecedents were found. Bail was granted with conditions regarding surety, non-influence of witnesses, and maintaining distance from the jurisdiction.

What did the court decide?

Release on bail upon furnishing a personal bond of Rs. 25,000 with one or more sureties, with conditions to not influence witnesses and stay away from the jurisdiction.

Sameer Ashraf Qureshi Vs the State of… — Murder and Culpable Homicide | Bombay HC (2021)

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Digitally signed IRESHSIDDHARAM by IRESHSIDDHARAMMASHAL MASHAL Date: 2021.09.29 18:02:28 +0530

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13.1020.21 ba.doc

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ISM

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO. 1020 OF 2021

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SAMEER ASHRAF QURESHI ….APPLICANT

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V/s.

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THE STATE OF MAHARASHTRA …..RESPONDENTS AND ANOTHER

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Mr. Amit Mane a/w Mr. Balwant V. Salunkhe advocate for the applicant

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Mr. A. R. Kapadnis APP for the State

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CORAM : NITIN W. SAMBRE, J.

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DATE: SEPTEMBER 28, 2021.

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P.C.:

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1] Applicant is seeking bail in C.R. No. I-129/2016 registered with

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Naya Nagar Police Station for offence punishable under Section 307 of

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the Indian Penal Code.

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2] Prosecution story is, applicant assaulted brother of complainant

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Arif for the reason of return of mobile of one of his friend namely Abid

Shaikh.

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13.1020.21 ba.doc

3] After the arrest of the applicant on 04/05/2016, he is also charge-sheeted.

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4] Submissions of learned counsel for the applicant are, applicant is behind the bars for last more than 5 years. The Trial has not gained any momentum as same is only at the stage of beginning of recording of evidence as the charge is framed. Further submissions are, there are no criminal antecedents and that being so, by putting present applicant to reasonable conditions, he is entitled to be released on bail.

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5] Learned APP while opposing the bail of the applicant would urge that there is strong prima facie case against the applicant as apart from statement of eye witnesses, there is recovery of the weapon. It is further claimed that applicant is very much likely to get convicted in the crime in question.

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6] Considered rival submissions.

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13.1020.21 ba.doc

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7] Trial is presently at the stage of beginning of recording of evidence as only charge is framed. Applicant is behind the bars for last more than 5 years. There are no criminal antecedents. It is not likely that the trial in the offence will be concluded in the near future.

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8] In the aforesaid background, in my opinion, applicant deserves to be released on bail on following conditions:

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(i) Applicant be released on bail in C.R. No. I- 129/2016 registered with Naya Nagar Police Station for offence punishable under Section 307 of the Indian Penal Code upon furnishing P.R. bond in the sum of Rs. 25,000/- with one or more sureties in the like amount.

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(ii) Applicant shall not infuence the prosecution witnesses in any manner or tamper with the evidence.

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(iii) Till conclusion of trial, applicant shall keep

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13.1020.21 ba.doc himself away from the jurisdiction of Naya Nagar Police Station.

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9] Application stands disposed of.

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[NITIN W. SAMBRE, J.]

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Sameer Ashraf Qureshi v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Sameer Ashraf Qureshi v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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