Mumbai, Maharashtra – April 8, 2022 – Mohd. Sagir Ahmed Shaikh, Ajamat Mohd. Raja Ansari, Mohd. Tajuddin Mohd. Jahangir Shaikh, and Mohd. Hussain Mohd. Zafirul Shaikh, arrested in connection with a protest, have been granted bail by the Sessions Court in Greater Bombay. The court, presided over by Additional Sessions Judge R.J. Katariya, granted bail, emphasizing the nature of the offenses and the need for the accused to cooperate with the investigation.

The four applicants were arrested in connection with C.R. No. 94 of 2022, registered at the Agripada Police Station, and were charged under sections 143 (unlawful assembly), 147 (rioting), 149 (every member of unlawful assembly guilty of offense committed in prosecution of common object), 341¹ (wrongful restraint), and 353 (assault or criminal force to deter public servant from discharge of his duty) of the Indian Penal Code² (IPC), and section 37(3) read with 135 of the Maharashtra Police Act.

Background of the Case:

On March 30, 2022, an Accidental Death (A.D.) report was registered at the Agripada Police Station regarding the death of a minor girl. Relatives of the deceased demanded that the police register a case of murder and rape. On April 1, 2022, a mob of 35-40 people gathered outside the police station, shouting slogans and honking vehicle horns. According to the police, the mob became unruly, obstructed traffic, and interfered with the police’s duties.

Applicant’s Arguments for Bail:

Ganesh Waghmare, representing the applicants, argued that his clients were falsely implicated and had not committed the alleged offenses. He noted that the applicants were arrested on April 2, 2022, and had been in judicial custody since April 4, 2022. He stated that the applicants were ready to abide by any conditions imposed by the court.

Prosecution’s Objections:

Ashwini Rayakar, representing the State, opposed the bail application, stating that the applicants were identified in CCTV footage and had interfered with the police’s duties. She also noted that the investigation was in its initial stages.

Court’s Observations and Decision:

Judge Katariya acknowledged the presence of a mob outside the police station and their demands for justice. He noted that the applicants had been in custody since April 4, 2022. He also pointed out that all the offenses, except section 353 of the IPC, are bailable. Considering these factors, the court concluded that granting bail with suitable conditions would not prejudice the prosecution.

Bail Conditions:

The court granted bail to the applicants, subject to the following conditions:

• Each applicant must furnish a Personal Recognizance (P.R.) bond of Rs. 15,000 with a surety of the same amount.
• The applicants must cooperate with the investigation and attend the Agripada Police Station as required by the investigating officer.
• The applicants must not commit any other or similar offenses.
• The applicants must provide photocopies of their Aadhar Cards and documents proving their permanent and temporary residential addresses.
• Provisional cash bail is allowed for six weeks.
• Bail must be furnished before the concerned Metropolitan Magistrate Court.
• The Metropolitan Magistrate must accept the cash bail as specified.

Outcome:

The court’s decision reflects a consideration of the nature of the offenses, the duration of the applicants’ custody, and the need for cooperation with the investigation. By imposing conditions such as regular attendance at the police station and cooperation with the investigation, the court aims to ensure the applicants’ compliance with the legal process while granting them bail.