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Gulshad Naushad Qureshi vs The State Of Maharashtra on 5 February, 2020

Uday S. Jagtap 534-19-APPA.doc



Gulshad Naushad Qureshi .. Applicant
The State of Maharashtra .. Respondent

Mr. Abdul Wahab Khan for the applicant
Mr. A.A. Palkar, APP for the respondent – State




1. This is an application for suspension of execution of the

substantive sentence passed by the Additional Sessions Judge,

Mumbai wherein the applicant has been convicted and sentenced of

the offences punishable under Sections 498A and 306 of the Indian

Penal Code. He has been sentenced to undergo Rigorous

Imprisonment for one year and fine of Rs.2,000/- of an offence

punishable under Section 498A of the IPC and Rigorous

Imprisonment for 5 years with fine of Rs.2,000/- in default of

payment of fine to undergo Rigorous Imprisonment for 6 months of

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an offence punishable under Section 306 of the Indian Penal Code.

The substantive sentences were directed to run concurrently. A set

off of about 5 months has also been granted to the applicant under

Section 428 of the Criminal Procedure Code.

2. I heard Mr. Khan Wahab, learned Counsel for the applicant. In

short, it is his contention that the applicant is a young man who has

been falsely implicated in the offences with which he has been

charged and convicted. The evidence on record is insufficient as

well as quite weak to prove the offences, in the sense that most of the

evidence of the prosecution witnesses is nothing but material

omissions which renders the prosecution’s case unbelievable. He

submits that during the course of trial, the applicant was on bail and

there are no complaints of committing any breach in the terms and

conditions of the bail. According to the learned Counsel, the

applicant and the deceased wife were in love and, therefore, on 1 st

January, 2012 the deceased eloped with the applicant and got

married with him. The applicant was working in a garment factory

of his father-in-law. However, there was a complaint against the

applicant that he used to eve tease other lady co-workers in the

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factory and, therefore, he was removed from the job by his father-in-

law. It is the case of the prosecution that since then the applicant

started ill-treating and quarreling with the deceased on petty

grounds. He was not doing any work. The deceased was being

helped by her in-laws who used to pay some amount for the

household expenses. There are allegations of physical and mental

torture against the applicant.

3. The deceased hanged herself to the ceiling fan on the fateful

day of 15th May, 2014.

4. My attention is drawn to paragraphs 2, 3, 4, 6, 8, 12 and 13 of

PW-1 Javed Ghanchi – father of the deceased. No doubt, a bare look

at the evidence of PW-1-Javed Ghanchi would reveal that his

evidence is full of material omissions and, therefore, it can be said

that there are chances of succeeding in the appeal. The learned

Counsel has drawn my attention to the fact that PW-3 Vicky Srivastav,

who was residing in the neighbourhood admitted during cross that

he had cordial relations with the informant and that he had deposed

as per the say of the informant.

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5. The PW-3 – Vicky Srivastav, testified that deceased was not

getting proper food as the applicant was not providing food grains or

other essential house hold articles. She always used to sit outside

the house and used to cry. This witness used to provide food and

other articles intermittently. The deceased used to tell this witness

about the quarrel between the applicant and herself and also about

the physical and mental torture. These are also proved to be


6. Thus, the material witnesses namely; PW-1, PW-3 and PW-6

appears to have improved their versions and, therefore, there would

be no point in incarcerating the applicant behind the bars as the

chances of hearing the appeal finally are remote as it is an appeal of

the year 2019. Though the learned APP opposed the release of the

applicant pending the appeal, he could not say anything as regards

material omissions brought to my notice by the learned Counsel for

the applicant.

7. Having considered the over all circumstances, I am inclined to

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release the applicant on bail pending the appeal. Now, to the order.


1. The application is allowed.

2. Pending the hearing and disposal of the appeal, the execution

of the substantive sentence stands suspended on the applicant

furnishing a P.R. bond in the sum of Rs. 25,000/- with one or two

sureties in the like amount to the satisfaction of the Additional

Sessions Judge, Mumbai.

3. The applicant shall not leave the jurisdiction of the Additional

Sessions Judge, Mumbai without seeking prior permission.

4. The applicant shall attend this Court as and when directed.

5. Needless to state that in case of breach of any of the aforesaid

conditions, the prosecution will be at liberty to pray for cancellation

of his bail.

6. The application stands disposed of in the aforesaid terms.


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