Bombay High Court
Afroz Tasduk Qureshi And Anr vs The State Of Maharashtra And Anr on 21 August, 2021
Bench: C.V. Bhadang
1-ia-1246-2020 in apeal-51-2020
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1246 OF 2020
IN
CRIMINAL APPEAL NO.51 OF 2020
Afroz Tasduk Qureshi and Anr. ..Applicants
V/s.
The State of Maharashtra & Ors. ..Respondents
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Mr.M.R. Deshpande, for the Applicants.
Mrs.Veera Shinde, APP, for the Respondent-State.
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Digitally signed by
NILAM
SANTOSH
NILAM SANTOSH
KAMBLE CORAM : C.V. BHADANG, J.
Date: 2021.08.21
KAMBLE 15:24:08 +0530
DATE : 21 August 2021
P.C.
. This is an application for suspension of sentence and
release of the Applicants (Accused Nos.2 and 3) on bail. This
Application is placed before this Bench, in view of the order dated
24 September 2020 passed by this Court (A.S. Gadkari, J.) and the
order dated 2 February 2021 passed by this Court (S.K. Shinde, J.).
inasmuch as the earlier application being Interim Application No.1
of 2020 filed by the Applicants was withdrawn on 28 August 2020,
with liberty to renew the request.
N.S. Kamble page 1 of 4
1-ia-1246-2020 in apeal-51-2020
2. The Applicants along with the co-accused Nos.1 and 4
were prosecuted for the offence punishable under Section 307 and
452 read with Section 34 of the Indian Penal Code and under the
Maharashtra Police Act. By the impugned judgment the Applicants
have been convicted for the offence punishable under Section 307
for which they have been sentenced to suffer imprisonment for 7
years and to pay a fine of Rs.5,000/- each and in default to suffer
further rigorous imprisonment for the period of three months. Under
Section 452 of IPC the Applicants have been sentenced to suffer
rigorous imprisonment for one year and pay a fine of Rs.1,000/-
each and in default to suffer rigorous imprisonment for the period of
one month. The Applicants have been acquitted of the offence
under the Maharashtra Police Act. It may be mentioned that the
Original Accused Nos.1 and 4 expired during the course of the trial.
3. I have heard the learned Counsel for the Applicants and
the learned Additional Public Prosecutor. Perused record.
4. As per the prosecution case and the complaint lodged
by Sadik Qureshi resident of Parvati Darshan, Pune, he was residing
jointly with his brothers Abid and Sabid who were engaged in the
business of sale and purchase of cattles. Prior to one month of the
N.S. Kamble page 2 of 4
1-ia-1246-2020 in apeal-51-2020
incident, the complainant Sabid started a beef shop at Parvati
Darshan Chawl in the rented premises of one Wajid Shaikh. Brother
of the complainant namely Abid used to look after that shop. The
original Accused No.1 and the present Applicant and the Accused
No.4 are residing adjacent to the said shop and they were also
engaged in the same business of beef shop. The Applicants and the
co-accused are alleged to have objected to the complainant for
starting the beef shop in the same area. This incident took place a
month prior to the incident in question.
5. On the day of the incident at about 12.15 noon one Arif
Rafiq Shaikh came and the complainant was having discussion with
him. At that time the Accused No.1 Tasduk (since deceased) armed
with iron rod, the Applicant Afroz, armed with sword and Amroz
armed with Sattur and Firoz (since deceased) armed with a knife
assaulted the complainant. On the basis of such a complaint an
offence came to be registered.
6. I have considered the submissions made by the parties.
It appears that the Applicants were on bail during the course of the
trial and there are no allegations that they have misused the liberty.
The Applicants have been sentenced to suffer imprisonment of 7
N.S. Kamble page 3 of 4
1-ia-1246-2020 in apeal-51-2020
years. Considering the over all circumstances and the nature of the
incident which arose out of business rivalry between the parties, I
find that subject to conditions the Applicants can be released on bail.
In such circumstances, the following order is passed.
ORDER
(i) The substantive sentence awarded to the
Applicants/Accused is hereby suspended pending disposal
of the Appeal.
(ii) The Applicants shall be released on bail on
executing a P.R. Bond in the sum of Rs.25,000/-each with
one or two solvent sureties each in the like amount to the
satisfaction of the learned Sessions Judge and to pay fine,
if not, already paid.
(iii) The Criminal Application is disposed of in the
aforesaid terms.
C.V. BHADANG, J.
N.S. Kamble page 4 of 4
