Bombay High Court
NABEEL AZAZ QURESHIversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed
Holding
The Court held that bail may be granted in the present case.
Summary
The applicant, Nabeel Azaz Qureshi, was arrested for assaulting his parents with a knife, alleged to be with intent to murder, under Sections 109(1) and 118(2) of the Bharatiya Nyaya Sanhita, 2023. He suffers from schizophrenia, a condition he has had for six to seven years, and his father also has the same illness, which the defence argued mitigated his intent and made further detention detrimental to his health. The informant, the applicant’s brother, submitted two affidavits stating no objection to bail and undertaking to care for him after release. The Court, noting the completed investigation, the simple nature of the injuries, the applicant’s mental health needs, and the brother’s assurances, ordered the applicant’s release on bail with a bond of Rs.50,000 and several conditions. The bail order also stipulated regular police reporting, attendance at trial, and prohibitions against tampering with evidence or repeating the alleged conduct.
Issues considered
- Whether the applicant’s mental illness and the nature of the injuries justify granting bail despite the seriousness of the charges under Sections 109(1) and 118(2) of the BNS.
- Whether the informant’s affidavits and undertaking are sufficient to ensure the applicant’s appearance and prevent further offences.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 118(2)
Subjects
- bail
- mental illness
- schizophrenia
- assault
- attempted murder
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
WAKLE
MANOJ MANOJ 912-BA-3585-2026.DOC
JANARDHAN
Digitally signed by
WAKLE MANOJ
JANARDHAN IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2026.09.30
20:21:36 +0530 CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.3585 OF 2026
Nabeel Azaz Qureshi …Applicant
V/s.
The State of Maharashtra & Anr. …Respondents
Mr. Rishi Bhuta a/w Adv. Ankita Bamboli, Adv. Parth Govilkar a/w
Adv. Prateek Dutta, Adv. Maitrayee Ganediwala & Adv. Pratham
Jain, for the Applicant.
Ms. Anagha A. Deshmukh, for the Respondent-State.
Ms. Tanvi Kondalkar, for the Complainant/First Informant.
Mr. Paresh Gargade, PSI, Versova Police Station, Mumbai, present.
CORAM: SHYAM C. CHANDAK, J.
DATED : 30th SEPTEMBER, 2026
P.C. :-
1. Heard learned counsel for the parties. Perused the record.
2. Applicant seeks his release on bail in connection with
Cr.No.937 of 2026 registered with Versova Police Station, Mumbai
for the offence punishable under Sections 109(1) and 118(2) of
Bharatiya Nyaya Sanhita, 2023 (“BNS”), on the report dated 25 th
July, 2026 lodged by Mr. Haajiq Qureshi.
3. The prosecution case is that, on 25 th July 2026, at about 10.15
a.m., at his residence, the applicant allegedly assaulted his parents
by means of a knife over their face and neck on account of getting
annoyed due to quarrel between his parents and with an intention
to commit their murder. Therefore, the aforesaid crime came to be
registered and the applicant was arrested.
4. Mr. Bhuta, learned Counsel for the applicant, submitted that
the applicant has been suffering from schizophrenia for the last six
to seven years and, has been continuously undergoing intermittent
medical treatment. He further submitted that even applicant’s
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MANOJ 912-BA-3585-2026.DOC
father was suffering from the same condition. Consequently, the
applicant became abnormally angry on account of the dispute
between his parents and, assaulted them with a knife. However, the
injuries sustained by the parents were simple in nature. The said
fact indicates that, despite the applicant was armed with a knife, he
did not intend to cause them grievous or life-threatening injuries.
Therefore, it cannot be maintained that the applicant wanted to
commit the murder of his parents. Since the investigation is over,
therefore, further detention of the applicant in jail is not required. If
the applicant is not released, he will be deprived of the medical and
home care which he needs due to his mental condition.
5. The informant, who is brother of the applicant, is present
before the Court and through his advocate Ms. Kondalkar, he
tendered his two Affidavits. Thereby, he gave his no objection to
release the applicant on bail and, undertook to take his care post his
release. The said Affidavits are taken on record and marked as “X”
and “Y”, respectively.
6. In view thereof, the applicant may be released on bail. Hence,
following Order:-
(i) Applicant – Nabeel Azaz Qureshi shall be released on
bail in connection with Cr.No.937 of 2026 registered with
Versova Police Station, Mumbai on his furnishing P.R. Bond
in the sum of Rs.50,000/- with one or two sureties in the like
amount.
(ii) The applicant shall mark his attendance at Versova
Police Station, Mumbai on the 1st day of a month every three
months, between 12:00 noon to 4:00 p.m., till the conclusion
of the trial.
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MANOJ 912-BA-3585-2026.DOC
(iii) The applicant shall regularly attend the proceedings
before the jurisdictional Court.
(iv) The applicant shall not tamper with the prosecution
evidence and shall not directly or indirectly influence upon
the prosecution witness to prevent them from deposing
against him.
(v) On being released from jail, the applicant shall furnish
his contact number and residential address to the
Investigation Officer and shall keep him updated, in case
there is any change.
(vi) The applicant shall not indulge in identical activities for
which he has been arraigned in this case.
(vii) It is clarified that any observation made in the present
Order are for the purpose of deciding the present Bail
application and should not influence the outcome of the trial
and also not be taken as an expression of opinion on the
merits of the case.
7. At this stage, as requested by Mr. Bhuta, the applicant is
granted four weeks time to furnish the surety. Till then, the
applicant be released on bail on his executing a P.R. Bond in the
sum of Rs.50,000/- and depositing a sum Rs.50,000/- in lieu of
furnishing the surety. On furnishing such surety/ies, the amount of
Rs.50,000/- shall be returned to the applicant.
8. Application stands disposed of in the aforesaid terms.
(SHYAM C. CHANDAK, J.)
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