Mumbai, August 20, 2022 – Arif Mohammad Kasam Shaikh has been granted bail by the Sessions Court for Greater Bombay in connection with an assault case. The court, presided over by I/c Additional Sessions Judge Vijay S. Hingne, cited the delay in filing the First Information Report (FIR), the nature of the injuries, and the existence of a counter-complaint as key factors in granting bail.
Shaikh was arrested in connection with Crime No. 266/2022, registered at Park Site Police Station, Mumbai. The complainant, Shahid Yunus Ali Sayyed, alleged that on May 8, 2022, at approximately 9:30 PM, Shaikh, along with Sufiyan and other friends, assaulted his brothers Sajid and Wasim with a stump and knife.
The Allegations and Investigation
Initially, the FIR was registered under Sections 323 (voluntarily causing hurt), 324 (voluntarily causing hurt by dangerous weapons or means),1 and 504 (intentional insult with intent to provoke breach of the peace) of the Indian Penal Code2 (IPC). However, after further investigation, a charge sheet was filed under Sections 326 (voluntarily causing grievous hurt by dangerous weapons or means), 324, 323, 504, 109 (abetment), read with 34 (acts done by several persons in furtherance of common intention) of the IPC.
Defense Arguments and Court’s Observations
Shaikh’s defense, led by Advocate B.S. Meti, argued that he was falsely implicated in the crime due to an old rivalry between groups, which had also led to a counter-FIR. They asserted that Shaikh was willing to abide by any conditions imposed by the court and requested his release on bail.
The prosecution, represented by APP Ashwini Raykar, opposed the bail application, citing Shaikh’s history of drug addiction and prior criminal cases. They argued that his release could trigger tension in the locality, threaten law and order, and lead to him repeating similar crimes. They referenced prior cases, including a drug-related offense under the NDPS Act and another assault case.
However, the court noted several discrepancies and mitigating factors:
- Delay in FIR: The FIR was lodged on May 9, 2022, nearly 20 hours after the alleged incident on May 8, 2022.
- Medical Evidence: The Medical Legal Certificate (MLC) of the victim, Shahid, indicated simple injuries caused by a sharp object.
- Counter-FIR: A counter-FIR (Crime No. 265/2022) was registered against the victim, Shahid, under Sections 307 (attempt to murder) and 149 (unlawful assembly) of the IPC.
- Parity: All other accused involved in both the original and counter-FIRs had already been granted bail.
Reasons for Granting Bail
The court, considering the delay in lodging the FIR, the nature of the injuries, and the counter-FIR, concluded that Shaikh was entitled to bail.
Conditions of Bail
Shaikh was granted bail on the same terms and conditions as those set in Anticipatory Bail Application (ABA) No. 1085/2022, which was decided on June 10, 2022.
Implications and Future Proceedings
The granting of bail highlights the court’s consideration of procedural delays, medical evidence, and the broader context of the case, including counter-complaints. The case will proceed with further investigation and trial, where the prosecution will present its evidence, and the defense will have the opportunity to challenge the allegations. This decision reflects the courts consideration of individual facts, in criminal proceedings.