Mumbai, April 18, 2022 – The Additional Sessions Judge, Shri B.V. Wagh, at the Sessions Court for Greater Mumbai, today rejected the bail applications of Rehemat Ali Eensaf Alli Shaikh, aged 60, and his son, Nadim Rehmat Ali Shaikh, aged 28. The duo sought release on bail in connection with Crime No. 73/2022 registered at R.A.K. Marg Police Station for offences including attempted murder.

The applicants, residents of Azad Nagar, Sewri, Mumbai, were booked under Sections 307 (attempt to murder), 324 (voluntarily causing hurt by dangerous weapons or means), 504 (intentional insult with intent to provoke breach of¹ the peace), 506 (criminal intimidation), and 34 (acts done by several persons in furtherance of common intention) of² the Indian Penal Code.

The prosecution’s case reveals that the incident was a fallout of a prior complaint filed by the informant against the applicants. According to the complaint lodged on March 10, 2022, the applicants had allegedly abused and threatened the informant. Subsequently, on the same day, around 9:00 p.m., while the informant was returning home and reached in front of Azad Hotel, T.J. Road, Sewree, the applicants allegedly waylaid him and hurled abuses.

The prosecution further alleges that on the instigation of applicant No. 1, Rehemat Ali Shaikh, his son, applicant No. 2, Nadim Rehmat Ali Shaikh, caught hold of the informant, while a third accused (not mentioned in the bail application details provided) inflicted a knife blow on the informant’s chest and abdomen. Following the assault, the accused allegedly fled the scene. The injured informant was immediately rushed to Sion hospital. Initially, the crime was registered under Sections 324, 504, 506, and 34 of the IPC. However, considering the severity of the injuries, Section 307 (attempt to murder) was added to the charges on March 23, 2022.

During the hearing, Mr. Nawaz Usmani, the learned Advocate for the applicants, argued for their release on bail. Ms. Ratnavali Patil, the learned APP for the Respondent/State, strongly opposed the application, while Mr. Manoj Tiwari appeared as the learned Advocate for the Intervener.

After hearing the arguments from both sides and perusing the investigation papers, Judge Wagh highlighted the sequence of events, noting that the alleged assault occurred after the informant filed a complaint against the applicants. The court also acknowledged that the injured sustained two grievous injuries during the attack. Furthermore, the investigation papers indicated the presence of eyewitnesses at the scene of the crime. The learned prosecutor submitted that the statements of these eyewitnesses were yet to be recorded. The fact that the accused and the witnesses resided in the same locality was also brought to the court’s attention.

The learned Advocate for the applicant No. 1 (Rehemat Ali Shaikh) pleaded for leniency, citing his client’s old age and alleged heart disease.

However, Judge Wagh, in his oral order pronounced in open court, emphasized that the incident occurred on March 10, 2022, and the applicants were arrested on March 23, 2022. He pointed out that the investigation was still in its initial stages, with the investigating officer having just commenced the process and the statements of crucial material witnesses yet to be recorded. The court observed that the investigation was “in midway.”

Furthermore, the court took note of the fact that the accused and the informant were reportedly close relatives. In light of this, the court opined that releasing the applicants at this juncture could impede the ongoing investigation. The court stated that to enable the investigating officer to proceed with an unimpeded probe, the release of the applicants at this stage would likely affect the investigation.

Consequently, the court found itself disinclined to grant bail to the applicants at this stage and proceeded to reject their application.

Order:

1. Criminal Bail Application No. 711 of 2022 is rejected.
2. Criminal Bail Application No. 711 of 2022 stands disposed of accordingly.

The order was dictated, transcribed, and signed by Additional Sessions Judge Shri B.V. Wagh on April 18, 2022, and uploaded on the same day. This decision underscores the court’s cautious approach in granting bail in serious offences like attempted murder, especially when the investigation is still underway and there is a potential for witnesses to be influenced, particularly in cases involving close relationships between the accused and the victim.