Mumbai, July 22, 2022 – Shahid Ali Sadiq Ali Khan, Shankar Brahmadev Prasad, Rohit Vijaykumar Rajbhar, and Nasim Munsareef Salmani, accused in an assault case, have 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 them on bail.

The four accused were arrested in connection with Crime No. 354 of 2022 registered at Bhandup Police Station. They were charged under Sections 143, 144, 145, 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, Salim Mohd. Sharif Farooqui, attempted to intervene in a quarrel between boys playing cricket. He was then allegedly assaulted by the accused and others with paver blocks, iron rods, and a bottle, causing grievous injuries.

Defense Arguments:

Advocate Noori F. Khan, representing the accused, argued that they were falsely implicated. He stated that applicant No. 1, Shahid Ali Sadiq Ali Khan, had lodged a report against the complainant, and the current complaint was a counterblast to that report. He emphasized that the accused were permanent residents of Mumbai, posing no flight risk, and that their custodial interrogation was unnecessary.

Prosecution’s Stance:

Smt. Seema Deshpande, Ld. Addl. P.P., representing the State, opposed the bail application, arguing that the investigation was ongoing, and the accused had caused grievous hurt with dangerous weapons. She expressed concerns about potential tampering with prosecution evidence.

Court’s Observations and Decision:

Judge Kanade, after reviewing the police papers, noted that the spot panchnama had been prepared, and weapons had been seized. He acknowledged that the accused had been in judicial custody since May 30, 2022, and that their police custody remand period was over.

“In my view, further custody of applicants/accused is not necessary. They are permanent residents of Mumbai and ready to abide by terms and conditions that may be imposed on them. In the reason, I am of view that applicants/accused are entitled to be released on bail but on certain conditions,” Judge Kanade stated in his order.

Conditions of Bail:

The accused were granted bail on the following conditions:

• They must each 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 each is permitted for one month in lieu of the surety bond.
• They must attend the Bhandup Police Station every Tuesday between 11:00 a.m. and 1:00 p.m. until the chargesheet is filed.
• They must submit a list of at least three blood relatives with their detailed residential and work addresses, along with documentary proof.
• They and their sureties must inform the police and the court of any change in their residential addresses.
• They 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.
• They must not influence or threaten any witness or tamper with evidence.
• They must not leave the territorial limits of Mumbai without prior court permission.
• They 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.