31. BA866-22.doc

Diksha Rane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO.866/2022

AASAMA MUSHRAF QURESHI

..APPLICANT

VS.

THE STATE OF MAHARASHTRA

..RESPONDENT

------------

Mr. Kuldeep Patil i/b. Ms. Saili N. Dhuru for the applicant.

Ms. P. N. Dabholkar, APP for State.

------------

CORAM : M. S. KARNIK, J.

DATE : DECEMBER 5, 2022.

P.C. :

1.

Heard learned counsel for the applicant and learned

APP for the State.

2.

This is an application for bail in respect of the First

Information Report (FIR) No.I-183/2016 registered with Shil

Daighar Police Station for the offence punishable under

Sections 394, 395, 396, 302, 120-B read with 34 of the

Indian Penal Code, 1860 (hereafter ‘the IPC’ for short).

Later on, pursuant to the grant of approval, the offence

punishable under Sections 3(1)(ii), 3(2), 3(4) of the

Maharashtra Control of Organised Crime Act, 1999

(hereafter ‘MCOCA’ for short) were added.

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DIKSHA

DINESH

RANE

Digitally

signed by

DIKSHA

DINESH

RANE

Date:

2022.12.05

19:42:08

+0530

31. BA866-22.doc

3.

The applicant was arrested on July 22, 2016. She is in

custody for last six and half years. There was one

antecedent reported against her under Sections 376, 370,

366(2) of the IPC read with Sections 3, 4, 16 of the

Protection of Children from Sexual Offences Act, 2012 and

Section 5, 9 and 32 of the Immoral Traffic (Prevention) Act,

1956.

4.

The applicant is the original accused no.5. The offence

is registered against six accused. In brief, it is alleged that

on July 18, 2016, the applicant and one of the co-accused

Javed @ Mamu Habib Shaikh were sitting in a bar. They

noticed Shabbir Khan (deceased) wearing a gold chain. The

applicant and Javed informed the other accused about this.

The applicant and Javed requested Shabbir for lift on his

motorcycle. Upon reaching a particular spot, Shabbir was

accosted by the other accused. The applicant and Javed left

the spot. Shabbir resisted the other co-accused. It is

alleged that one of the accused stabbed Shabbir. Shabbir

succumbed to the injuries. The gold chain was snatched.

5.

Pursuant to the approval granted, the sections under

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31. BA866-22.doc

MCOCA abovementioned were added. The affidavit-in-reply

has been filed by concerned officer on behalf of the

prosecution. It is pointed out and it is an admitted position

that the gang leader by name Mosim Rafiq Shaikh has been

released on bail. The recovery of gold chain was from

Mosim. The affidavit reveals the offences which have been

registered against Mosim (gang leader). In none of the

these offences the applicant is implicated.

6.

Even in respect of the present case the role of the

applicant was to inform the other co-accused about the

deceased wearing a gold chain and taking a lift from him

upto the spot of the incident. The applicant was not actually

present when other accused assaulted the deceased. There

is no recovery at her instance. There is no possibility of the

trial commencing any time soon in the near future. There is

one criminal case reported against the applicant which is

mentioned hereinabove. The antecedent by itself, in my

opinion, will not be sufficient to refuse bail to the applicant,

a woman, who has been in custody for more than six and

half years. Her daughter was 2 years of age when she was

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31. BA866-22.doc

arrested and is now 8 years of age. The chargesheet has

been filed. The applicant can be released on bail by

imposing some stringent conditions. Hence the following

order.

ORDER

(A)

Application is allowed.

(B)

Applicant – Aasama Mushraf Qureshi shall be

released on bail in connection with FIR No.I-183/2016

registered with Shil Daighar Police Station, on

furnishing P.R. Bond of Rs.25,000/- with one or more

sureties in the like amount.

(C)

The applicant shall report to the concerned police

station once in a month on