Mumbai, August 26th, 2022 – The Sessions Court for Greater Bombay has granted bail to Akash Shakti Permal, a 21-year-old unemployed resident of Mankhurd, who was arrested in connection with a violent assault case. The court, presided over by Additional Sessions Judge M.S. Kulkarni, allowed the bail application, emphasizing the principles of personal liberty and the completion of the primary investigation.

Permal was arrested on June 23rd, 2022, in connection with C.R. No. 615/2022, registered at the Mankhurd Police Station, involving charges under Sections 326 (voluntarily causing grievous hurt by dangerous weapons or means), 504 (intentional insult with intent to provoke breach of¹ the peace), 506 (criminal intimidation), read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code.²

According to the FIR, on June 22nd, 2022, Permal, along with his accomplices Mayur Tayade, Vishal Pirmal, and Arjun Gaikwad, allegedly assaulted the victim and his friend Akshay Chouthmal with knives and sticks in Lallubhai Compound, Mankhurd. The victim sustained severe injuries, including head and stomach wounds, requiring surgery and 20 stitches at Sion Hospital.

Permal’s defense, presented by Advocate Amol Palekar, argued that he was falsely implicated and that the investigation was already concluded. The prosecution, represented by Additional Public Prosecutor Ramesh Siroya, opposed the bail, citing the seriousness of the offense, the need to interrogate absconding accomplices, Permal’s alleged non-cooperation, and the potential for him to influence witnesses and re-offend.

Judge Kulkarni, in his order, addressed the concerns raised by the prosecution. He noted that while the Metropolitan Magistrate Court had previously rejected Permal’s bail application on the grounds of ongoing investigation and weapon recovery, a significant period had elapsed.

“Within one month, the investigating officer, so far as the applicant/accused is concerned, should have completed [the investigation],” Judge Kulkarni stated. He also acknowledged the arrest of Permal’s accomplices, Tayade and Parimal, but clarified that their arrest did not imply an incomplete investigation regarding Permal.

Regarding the prosecution’s fear of witness intimidation and potential re-offending, Judge Kulkarni stated that stringent conditions could be imposed to mitigate these concerns. He also noted the absence of a recent medical certificate detailing the victim’s current condition, suggesting that the victim had been discharged and was leading a normal life.

Judge Kulkarni referenced the Supreme Court’s judgment in Sanjay Chandra Vs. Central Bureau of Investigation, emphasizing the principle that “bail is the rule and committal to jail an exception.” He highlighted the importance of personal liberty and the presumption of innocence until proven guilty.

Consequently, the court granted bail to Akash Shakti Permal, subject to the following conditions:

• Personal Bond (PB) and Surety Bond (SB): Permal must furnish a PB and SB of Rs. 30,000/- with one or more sureties of the same amount.
• Provisional Cash Security: A provisional cash security of Rs. 30,000/- is allowed for two months, during which he must provide the required surety.
• Police Attendance: He must attend the Mankhurd Police Station every Tuesday and Thursday between 10:00 AM and 11:00 AM until the chargesheet is filed.
• No Fleeing: He is prohibited from fleeing from justice.
• No Tampering with Evidence: He must not tamper with evidence and must cooperate with the investigating officer.
• No Contact with Victim/Witnesses: He is prohibited from meeting the victim, first informant, and witnesses for one year.
• Bail Before Trial Court: The bail is granted before the trial court.

The court’s decision highlights the judiciary’s commitment to balancing individual liberty with the need for justice. The Mankhurd Police Station will continue its investigation and file a chargesheet.