Mumbai, August 26th, 2022 – The Sessions Court for Greater Bombay has rejected the bail application of Haroon Iqbal Khan, a 48-year-old resident of Kurla, who was arrested in connection with an attempted murder case. The court, presided over by Additional Sessions Judge S.D. Kulkarni, denied the bail, citing the presence of common intention among the accused and the risk of witness intimidation.

Khan was arrested in connection with C.R. No. 621 of 2022, registered at the Kurla Police Station, involving charges under Sections 307 (attempt to murder), 452 (house-trespass after preparation for hurt, assault or wrongful restraint), and 34 (acts done by several persons in furtherance of common intention)¹ of the Indian Penal Code.

According to the prosecution, Khan, along with other accused, went to the complainant’s house on the night of the incident. During the altercation, co-accused Firoz allegedly used a knife to inflict a head injury on Usman @ Shiboo, causing a fracture. The prosecution argued that Khan’s presence at the scene indicated his involvement and common intention with the other accused. They also expressed concerns about witness intimidation, as Khan and the witnesses resided in the same chawl.

Khan’s defense, presented by Advocate Moin Khan, argued that he was merely present at the scene and played no active role in the assault. He highlighted that he is an auto-rickshaw driver with no prior criminal record. He also alleged a civil dispute with the complainant’s family and claimed the case was fabricated due to his role as a panch witness in a previous case involving the victim.

Judge Kulkarni, in his order, addressed the defense’s arguments and the cited precedent of Hamlet Alias Sasi and Ors. v. State of Kerala. He emphasized that the presence of a knife-wielding accused at the scene indicated a common intention to cause injury.

“This act itself shows that the intention of all accused is to caused injury to the injured and their family members,” Judge Kulkarni stated. “One of the accused holding knife in his hand and he has given blow on the head of Shibu shows clear intention of the accused. Therefore, in my opinion at the prima facie stage it could not be said that the intention of the applicant / accused only to caused grievous hurt to the injured and not to caused his death.”

The court also noted the severity of the victim’s injuries, including a fracture requiring hospitalization.

“He has taken treatment as a indoor patient from 17.07.2022 to 21.07.2022 therefore I did not agree with the submission of the applicant / accused that offence u/sec.307 is not applicable to the present accused,” Judge Kulkarni stated.

Regarding the risk of witness intimidation, the court acknowledged the shared residence of Khan and the witnesses.

“It is come on record that accused persons and informant residing in the same chawl admittedly witnesses also residing in the same chawl. Therefore, in my opinion if accused release on bail there is possibility of threatening the prosecution witnesses,” Judge Kulkarni noted.

The court also considered the ongoing investigation and the absconding status of a main accused as reasons for denying bail.

Consequently, the court rejected Haroon Iqbal Khan’s bail application.

The court’s decision underscores the significance of common intention and the risk of witness intimidation in denying bail. The Kurla Police Station will continue its investigation.