Mumbai, August 8th, 2022 – The Sessions Court for Greater Bombay has granted bail to Abbas Ismail Shaikh, a 20-year-old student, who was arrested in connection with a violent altercation that occurred in a residential area of Chembur. The incident, which resulted in severe injuries to two individuals, has prompted a legal battle, with the court ultimately deciding to release Shaikh on specific conditions.
The case stems from an incident on July 17th, 2022, at approximately 11:00 PM, within the MHADA residency in Vashi Naka, Chembur. According to the First Information Report (FIR) registered at the RCF Police Station (C.R.No. 503/2022), Shaikh, along with his brothers Afzal and Abral, were involved in a heated quarrel in the passage between Building No. 3 and Building No. 4.
The situation escalated when the first informant, upon inquiring about the disturbance, was allegedly verbally abused by Abbas Shaikh. The confrontation intensified when the informant descended from his flat to seek an explanation. The FIR alleges that Abbas Shaikh then proceeded to assault the informant.
The situation turned violent when Abral Shaikh, one of Abbas’s brothers, allegedly used a sharp knife to inflict a severe blow to the informant’s nose. When Hritik, a friend of the informant, intervened to assist, Afzal Shaikh, another brother, allegedly struck him on the forehead with a knife. Both the informant and Hritik sustained bleeding injuries and were subsequently hospitalized, first at Shatabdi Hospital and then at Sion Hospital.
Abbas Shaikh was arrested on July 18th, 2022, and remained in police custody until July 19th, 2022. He was then placed in judicial custody from July 20th, 2022.
During the bail hearing before Additional Sessions Judge Shri. M.S. Kulkarni, Advocate M.A. Shaikh, representing the accused, argued that his client had been falsely implicated and had no prior criminal record. He asserted that Abbas Shaikh’s continued detention served no purpose.
The prosecution, represented by Ld.APP Mr. Ramesh Siroya, failed to submit a say (response) to the bail application, despite being directed to do so by the court on August 1st, 2022. The court noted the absence of a reason for this failure.
Judge Kulkarni, in his oral order, highlighted that while Abbas Shaikh was accused of verbal abuse and assault, the more severe injuries were attributed to his brothers, Abral and Afzal. He noted that Abbas Shaikh’s involvement was primarily linked through Section 34 of the Indian Penal Code (common intention).
“Considering the role allegedly played by the applicant/accused, it is not proper to keep him behind bar for a further period,” Judge Kulkarni stated in his order.
Consequently, the court granted bail to Abbas Ismail Shaikh, subject to the following conditions:
- Bail Bond: He is required to furnish a personal bond (PB) and a surety bond (SB) of Rs. 30,000/- (Rupees Thirty Thousand) with one or more sureties of the same amount.
- Provisional Cash Security: A provisional cash security of Rs. 30,000/- is allowed, valid for two months, during which he must provide the required surety.
- No Fleeing: He is prohibited from fleeing from justice.
- Police Attendance: He must attend the RCF Police Station every Monday between 10:00 AM and 11:00 AM until the chargesheet is filed.
- Evidence Tampering: He is forbidden from tampering with evidence and must cooperate with the investigating officer.
- Bail Before Trial Court: The bail is granted before the trial court.
The court’s decision underscores the principle of granting bail in cases where the accused’s direct involvement in serious offences is not clearly established. The case highlights the complexities of criminal investigations and the delicate balance between individual liberty and the need for justice. The RCF police station will now continue their investigation, and submit a chargesheet to the court.