Mumbai, March 28, 2022 – The Additional Sessions Judge U.M. Padwad (Court Room No. 30) granted bail to Sohail Ahmed Hussain Shaikh in connection with a murder case registered at Chuna Bhatti Police Station (Cr. No. 605/2021). The court noted that the prosecution’s case primarily focused on another accused for the actual act of strangulation and that there was a lack of direct evidence implicating Shaikh in the assault.

Background of the Case:

Sohail Ahmed Hussain Shaikh, a 30-year-old resident of Kurla (East), was arrested in connection with the death of a man. The prosecution alleged that the deceased was strangulated by accused Moin, and that Shaikh, along with accused Shahnawaz, removed the deceased’s body to a godown instead of providing medical assistance. The case was registered under Sections 302 (murder), 201 (causing disappearance of evidence of offence, or giving false information to screen offender), 202 (intentional omission to give information of offence by person bound to inform),¹ and 34 (acts done by several persons in furtherance of common intention)² of the Indian Penal Code (IPC).

Arguments Presented:

Advocate Imran Shaikh, representing the applicant, argued for bail.

Additional Public Prosecutor (APP) D.M. Lade, representing the State, opposed the bail application.

Advocate Rukshar Shaikh, representing the intervener, also presented written submissions.

Court’s Reasoning and Decision:

Judge Padwad, after reviewing the application, reply, charge sheet, and written submissions, noted that the prosecution’s case primarily focused on accused Moin for the act of strangulation. The court also observed that there was no evidence to show that Shaikh had assaulted the deceased or shared any intention to commit murder with Moin.

“There is nothing to show that this accused had assaulted the deceased or shared any such intention with accused Moin,” Judge Padwad stated in his order.

The court considered the prosecution’s allegation that Shaikh removed the deceased’s body to a godown instead of providing medical assistance. However, the court also noted the statement of Mohd. Shakil, the deceased’s brother, that the deceased was addicted to vices and regularly slept in the godown of accused Shahnawaz.

“In view thereof, claim of the accused that to avoid embarrassment and under the genuine impression that the deceased was under influence as usual, was removed to the godown appears quite probable and acceptable,” Judge Padwad observed.

The court concluded that, at most, Shaikh’s actions could be considered negligence. The court emphasized the lack of evidence indicating Shaikh’s intention to commit murder or his sharing of such an intention with Moin.

“Even otherwise, except negligence the present accused is not alleged to have committed any other act that would indicate his intention to commit murder of the deceased nor he is alleged to have shared such intention with accused Moin,” Judge Padwad stated. “In such circumstances, his further detention does not seem necessary.”

Consequently, the court granted bail to Sohail Ahmed Hussain Shaikh, ordering his release upon furnishing a Personal Bond (PB) and Surety Bond (SB) of Rs. 25,000 with one or two sureties of the same amount.

The court imposed several conditions, including that Shaikh must attend Chuna Bhatti Police Station on the first day of every month, must attend every date during the trial, and must not tamper with prosecution witnesses or evidence.

Implications and Significance:

This ruling highlights the court’s consideration of the specific roles and actions of individual accused in murder cases. The decision underscores that bail can be granted when there is a lack of direct evidence implicating an accused in the actual act of murder, and when their alleged actions, at most, suggest negligence.

The court’s consideration of the deceased’s habits and the surrounding circumstances also demonstrates a balanced approach, considering both the prosecution’s allegations and the accused’s defense.

The order was dated March 25, 2022, and uploaded on March 28, 2022, at 1:00 p.m.