Mumbai, January 31, 2024: The Mumbai Sessions Court has granted bail to businessman Anwar Hussain Hasan Shaikh, accused in an attempted murder case registered with M.R.A. Marg Police Station under C.R. No. 02 of 2024. The accused was booked under Sections 307 (Attempt to Murder), 323 (Voluntarily Causing Hurt), and 504 (Intentional Insult with Intent to Provoke Breach of the Peace) read with Section 34 (Common Intention) of the Indian Penal Code (IPC). The order was issued by Additional Sessions Judge Dr. S. D. Tawshikar (C.R. No. 10) on January 30, 2024.
Case Background
According to the prosecution, the alleged incident took place on January 2, 2024, at around 9:30 PM, when Anwar Shaikh and his son Rahil Shaikh reportedly assaulted the complainant and his brother Hansaraj Ramkumar Yadav. The FIR, lodged on the morning of January 3, 2024, at 9:13 AM, states that co-accused Rahil Shaikh allegedly stabbed Hansaraj Yadav in the abdomen with a knife, intending to kill him.
Bail Plea Arguments
Representing the accused, Advocate Misbaah Solkar argued that the main allegations of the knife attack were against Rahil Shaikh, not Anwar Shaikh. She contended that the 50-year-old businessman had no prior criminal record and that his family was financially dependent on him. She also emphasized that the injured victim had been discharged from the hospital on January 13, 2024, following treatment. Additionally, Solkar assured the court that her client was willing to cooperate with the ongoing investigation.
On the other hand, Additional Public Prosecutor (APP) Ajit Chavan opposed the bail application, citing the serious nature of the offense. He expressed concerns that if released, the accused might influence witnesses and potentially engage in similar offenses. Investigating Officer D. R. Sangale was also present in court and produced the victim’s medical records.
Court’s Observations and Bail Conditions
After hearing both sides, Judge Dr. Tawshikar noted that while the victim had suffered a stab wound measuring 5x2x2 cm on the left flank, the injury was inflicted by the co-accused Rahil Shaikh, not Anwar Shaikh. The court also observed that the applicant had no prior criminal antecedents, was a permanent resident of Mumbai, and that the investigation concerning him was nearly complete.
Given these factors, the court ruled that keeping the accused in custody served no further purpose and granted bail under the following conditions:
- Personal Bond of ₹25,000: The accused must furnish a personal bond of ₹25,000 along with one surety of an equal amount.
- No Tampering with Evidence: The accused shall not tamper with prosecution evidence or influence witnesses in any way.
- Proof of Residence and Contact Details: Within seven days of release, the accused must submit two documents as proof of residence and provide an active phone number to the M.R.A. Marg Police Station.
- No Further Criminal Activity: The accused must not engage in any criminal activities while out on bail.
- Breach of Conditions Will Lead to Bail Cancellation: If any of the bail conditions are violated, it could lead to revocation of bail.
Conclusion
The bail order was signed and uploaded on January 31, 2024, at 5:30 PM by Stenographer G. N. Sutar. While the court’s decision offers relief to Anwar Shaikh, his son Rahil Shaikh remains in judicial custody. The case is expected to proceed with further investigation and trial in due course.
For more updates on this case, stay tuned.