Mumbai, July 21, 2022 – Salim Sharif Faruki @ Mohammad Salim Mohammad Sharif Farukhi, accused in an assault case, has been granted bail by Additional Sessions Judge Anand Pandurang Kanade. The court imposed stringent conditions, including regular police station attendance and detailed address verification, before releasing him on bail.

Farukhi was arrested in connection with Crime No. 356 of 2022 registered at Bhandup Police Station. He was charged under Sections 143, 144, 146, 147, 148, 149, 323, 326, 504, and 506(2) of the Indian Penal Code (IPC).

Prosecution’s Case:

The prosecution alleged that on May 27, 2022, the complainant, Shahid Ali Sadiq Khan, witnessed a group of individuals assaulting Naushad Nabiyaz Khan and others. When the complainant intervened and asked the accused, including Farukhi, to stop the fight and take the injured to the hospital, he was allegedly abused and assaulted by the accused.

Defense Arguments:

Advocate Satish Mande, representing Farukhi, argued that his client was innocent and falsely implicated. He stated that there was nothing to be recovered from Farukhi and that his custodial interrogation was not required. Mande emphasized that Farukhi was a law-abiding citizen and was willing to cooperate with the investigation.

Prosecution’s Stance:

Smt. Seema Deshpande, Ld. Addl. P.P., representing the State, presented the prosecution’s case and opposed the bail application.

Court’s Observations and Decision:

Judge Kanade, after reviewing the police papers, noted that the investigation had progressed, with the spot panchnama prepared and weapons seized. He also acknowledged that Farukhi had been in judicial custody since May 29, 2022, and that no grounds were made out for his further detention.

“Since 29.05.2022, applicant is in judicial custody and for his further detention, no ground is made out. The applicant is ready to abide by the terms and conditions that may be imposed on him. For the aforesaid reasons, I am of view that applicant/accused is entitled to be released on bail but on certain conditions,” Judge Kanade stated in his order.

Conditions of Bail:

Farukhi was granted bail on the following conditions:

• He must execute a personal bond of Rs. 20,000 and provide one or two solvent sureties of the same amount.
• A provisional cash security of Rs. 20,000 is permitted for one month in lieu of the surety bond.
• He must attend the Bhandup Police Station every Tuesday between 11:00 a.m. and 1:00 p.m. until the chargesheet is filed.
• He must submit a list of at least three blood relatives with their detailed residential and work addresses, along with documentary proof.
• He and his surety must inform the police and the court of any change in their residential addresses.
• He must submit copies of at least two identity and address proofs, such as PAN card, Aadhaar card, ration card, electricity bill, voter ID card, or property documents.
• The Investigating Officer must conduct physical verification of the residential addresses provided.
• He must not influence or threaten any witness or tamper with evidence.
• He must not leave the territorial limits of Mumbai without prior court permission.
• He must not commit any similar offenses.
• Conditions related to document submission and verification must be complied with before or during the furnishing of the cash security or surety bond.
• Bail to be furnished before the Court of Metropolitan Magistrate.

Implications:

This decision highlights the court’s balancing act between granting bail and ensuring the accused’s compliance with the law. The stringent conditions, particularly the regular police station attendance and detailed address verification, reflect the court’s effort to monitor the accused’s movements and prevent any potential tampering with the investigation or witnesses. This case also illustrates the court’s consideration of the period of custody already served and the lack of grounds for further detention when deciding bail applications.