Mohd. Yusuf Qureshi v. The State Of Maharashtra
RVC 18 IA-1042-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1042 OF 2024 IN CRIMINAL APPEAL NO. 468 OF 2015 Mohd. Yusuf Qureshi ... Applicant V/s.
(Org. Accused No.1) The State of Maharashtra ... Respondent Mr. R.M. Momin for Applicant.
Mr. Ajay Patil, A.P.P. for Respondent-State.
CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.
DATE : 22nd MARCH 2024 P.C. :
1) This is an Application filed by the Applicant (original Accused No.1) for suspension of sentence and releasing him on bail. 2) It is an admitted fact on record that, since the date of his arrest i.e., 09/12/2012, the Applicant is behind bars and as of today, he has undergone about 11 years and 03 months in incarceration. 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) Suleman v/s. The State of Uttar Pradesh, Criminal Appeal No. 491 of 2022 (Arising out of SLP (Crl.) No. 1/3
RVC 18 IA-1042-2024.doc 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 Applicant is entitled to be released on bail during the pendency of Appeal.
4) In view of the above, during the pendency of the present Appeal, the substantive sentence imposed upon the Applicant is suspended and he is released on bail on the following terms and conditions :- (i) The Applicant 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 his furnishing P.R. bond in the sum of Rs.25,000/- each with one or two separate solvent local sureties in the like amount. (ii) After his release from jail and during the pendency of the present Appeal, the Applicant 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. After end of one year, the Applicant shall attend B.K.C. Police Station, Bandra, Mumbai on every 1st Monday of every 3rd Month between 10:00 a.m. and 12:00 noon. The Applicant thus shall attend B.K.C. Police Station, Bandra, Mumbai four times in 2/3
RVC 18 IA-1042-2024.doc a year during the pendency of the present Appeal. (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.
(iv) Applicant shall inform his prospective residential address to the trial Court. The Applicant shall keep informed the trial Court of any change in his residential address and his mobile number, on which he can be contacted.
(v) Applicant shall make himself available at the time of final hearing of the Appeal.
5) Interim Application is allowed in the aforesaid terms. ( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) RAJESH VASANT CHITTEWAN Date: 2024.04.02 10:58:48 +0530 RAJESH VASANT CHITTEWAN 3/3