Mumbai, March 16, 2022 – The SEBI Special Judge Purushottam B. Jadhav (Court Room No. 22) granted bail to Tabrez Abdul Jabbar Shaikh in connection with an assault case registered at Kurla Police Station (C.R. No. 623 of 2021). The court cited the completed investigation and the fact that a co-accused had already been granted bail as key factors in its decision.
Background of the Case:
Tabrez Abdul Jabbar Shaikh, a 38-year-old resident of Kurla West, was arrested for allegedly assaulting the complainant with a sword, along with other accused, namely Imran and Shanno Patel. The case was registered under Sections 307 (attempt to murder), 452 (house-trespass after preparation for hurt, assault or wrongful restraint),1 504 (intentional insult with intent to provoke breach of the peace), 506 (criminal intimidation), 143 (unlawful assembly), 144 (joining unlawful assembly armed with deadly weapon),2 148 (rioting, armed with deadly weapon), 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object),3 323 (voluntarily causing hurt), and4 120-B (criminal conspiracy) of the Indian Penal Code (IPC).
Arguments Presented:
Advocate Imran Shaikh, representing Tabrez Abdul Jabbar Shaikh, argued for bail.
Additional Public Prosecutor (APP) Surywanshi, representing the State, opposed the bail application, citing the seriousness of the offense and the possibility of witness tampering and absconding. He also mentioned that the voice sample report of the applicant was still pending.
Court’s Reasoning and Decision:
Judge Jadhav, after reviewing the application and the State’s reply, noted that the investigation was completed. He also considered that co-accused Mohd. Mujahid Imran Shaikh had already been granted bail by the same court on February 25, 2022, in BA No. 360 of 2022.
“Undisputedly, the investigation is over. Accused Mohd. Mujahid Imran Shaikh is already released on bail vide order dated 25.02.2022 passed by this Court in BA No. 360 of 2022,” Judge Jadhav stated in his order.
The court also observed that there was no material to support the prosecution’s claims of witness tampering and absconding. It was also noted that the applicant had no criminal antecedents and was a resident of Mumbai.
“However, no material is shown in support of submissions. It is not the case that the applicant has criminal antecedent. He is resident of Mumbai,” Judge Jadhav stated. “Considering the completed investigation and aforesaid facts and circumstances, it would be just and proper to release the applicant on bail.”
Consequently, the court granted bail to Tabrez Abdul Jabbar Shaikh, ordering his release upon furnishing a Personal Recognizance (PR) bond of Rs. 20,000 with one or more sureties of the same amount.
The court imposed several conditions, including that Shaikh must not tamper with witnesses or evidence, must provide his address and contact details, must inform the court of any change in residence or contact details, must attend court regularly, and must cooperate with the investigating officer.
Implications and Significance:
This ruling highlights the court’s consideration of completed investigations and parity with co-accused in bail matters. The decision underscores that when the investigation is complete and a co-accused has already been granted bail, bail can be granted with appropriate conditions.
The court’s consideration of the lack of criminal antecedents and the accused’s residency also reflects a balanced approach, ensuring that the accused’s rights are protected while also addressing the prosecution’s concerns.
The order was dated March 14, 2022, and uploaded on March 16, 2022, at 1:45 p.m.