Allowed

Ali Mohd. @ Sonu Qureshi S/O Lal Mohd. Qureshi and Anr. v. State of Maharashtra

Bombay HC13 Feb 2024IA/218/2024

Case brief

AI extract

What is this about?

Applicants, original accused nos. 3 and 4, in jail for about 11 years and 1 month since arrest, sought suspension of sentence and bail pending appeal. Relying on Supreme Court guidelines on prolonged incarceration during appeal, the court suspended their substantive sentence and released them on bail with reporting conditions.

What did the court decide?

Sentence suspended; applicants released on bail on PR bond of Rs.25,000 each with solvent sureties, monthly police reporting for one year then quarterly, address disclosure to trial Court.

Ali Mohd. @ Sonu Qureshi S/O Lal Mohd. Qureshi and Anr. Vs… — Bail and Remand | Bombay HC (2024)

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22 IA218.2024.doc

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P.H. Jayani

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 218 OF 2024 IN CRIMINAL APPEAL NO. 942 OF 2022

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1) Mr. Ali Mohd @ Sonu Qureshi
s/o. Lal Mohd Qureshi

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2) Tanveer Qureshi s/o. Lal Mohd
Qureshi

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…. Applicants

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v/s.

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The State of Maharashtra

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…. Respondent

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Mr. Meghashyam Kocharekar i/b. Mohd. Ahmed Shaikh for the
Applicants.

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Mr. S.V. Gavand, APP for the State.

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CORAM: A.S. GADKARI AND

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SHYAM C. CHANDAK, JJ.

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DATED : 13th FEBRUARY, 2024.

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P. C. :-

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1)This is an Application filed by the aforesaid Applicants
(original accused nos.3 and 4) for suspension of sentence and to release
them on bail.

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2)It is an admitted fact on record that, since the date of their
arrest i.e., 09/12/2012, the Applicants are behind bars and as of today,
they have undergone about 11 years and 01 month in incarceration.

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3)In view of the guidelines issued by the Hon’ble Supreme
Court in the case of Saudan Singh v/s. The State of Uttar Pradesh in
Criminal Appeal No. 308 of 2022 [@ SLP (Crl.) No. 4633 of 2021],
dated 25th February, 2022 and the view expressed in cases of (i)

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P.H. Jayani 22 IA218.2024.doc

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Suleman v/s. The State of Uttar Pradesh, Criminal Appeal No. 491 of
2022 (Arising out of SLP (Crl.) No. 1451 of 2022) dated 25th March
2022 and (ii) Dinesh @ Paul Daniel Khajekar v/s. State of Maharashtra
& Anr., Criminal Appeal No. 2987 of 2023 (Arising out of S.L.P. (Crl.)
No. 10320 of 2023) dated 25th September 2023, the Applicants are
entitled to be released on bail during the pendency of Appeal.

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4)In view of the above, during the pendency of the present
Appeal, the substantive sentence imposed upon the Applicants is
suspended and they are released on bail on the following terms and
conditions :-

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(i)The Applicants shall be released on bail in Sessions
Case No.299/2013 arising out of C.R.No.190/2012
registered with B.K.C. Police Station, Bandra (E), Mumbai,
on their furnishing P.R. bond in the sum of Rs.25,000/-

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each with one or two separate solvent local sureties in the
like amount.

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(ii)After their release from jail and during the pendency
of the present Appeal, the Applicants shall attend B.K.C.
Police Station, Bandra, Mumbai on every first Monday of
the month between 10.00 a.m. and 12.00 noon initially for
a period of one year.

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After end of one year, the Applicants shall attend

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P.H. Jayani 22 IA218.2024.doc

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B.K.C. Police Station, Bandra, Mumbai on every 1st Monday

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of every 3rd Month between 10:00 a.m. and 12:00 noon.

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The Applicants thus shall attend B.K.C. Police Station,
Bandra, Mumbai four times in a year during the pendency
of the present Appeal.

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(iii)In case of two consecutive defaults in complying with
the aforestated conditions, the Prosecution is at liberty to
file an Application for cancellation of his bail.

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(iv)Applicants shall inform their prospective residential
address to the trial Court. The Applicants shall keep
informed the trial Court of any change in their residential
address and their mobile number, on which they can be
contacted.

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(v) Applicants shall make themselves available at the time of final hearing of the Appeals.

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5) Interim Application is allowed in the aforesaid terms.

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(SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.)

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PREETI HEERO JAYANI

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Digitally signed by PREETI HEERO JAYANI Date: 2024.02.22 16:34:07 +0530

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Ali Mohd. @ Sonu Qureshi S/O Lal Mohd. Qureshi and Anr. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ali Mohd. @ Sonu Qureshi S/O Lal Mohd. Qureshi and Anr. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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