Mumbai, August 29, 2022 – In a ruling that underscored the principle of “bail, not jail,” the Additional Sessions Judge M.S. Kulkarni (Court Room No. 56) granted bail to Shoaib Farukh Shaikh, Sahil Shafik Khan, and Abul Islam Abdul Kalam Ansari in connection with an assault case registered at Mankhurd Police Station (C.R. No. 638/2022). The court emphasized the completion of the investigation and the need to protect individual liberty.
Background of the Case:
Shoaib Farukh Shaikh, Sahil Shafik Khan, and Abul Islam Abdul Kalam Ansari, all residents of Mankhurd, were arrested on June 29, 2022, for allegedly assaulting a man and his friend with iron bracelets and other means. The case was registered under Sections 326 (voluntarily causing grievous hurt by dangerous weapons or means), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach1 of the peace), 506 (criminal intimidation), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).2
Arguments Presented:
Advocate Sanjay Jadhav, representing the applicants, argued that his clients were falsely implicated, that the investigation was nearly complete, and that they were permanent residents of Mumbai. He assured the court that they would cooperate with the prosecution and had no criminal antecedents.
Additional Public Prosecutor (APP) Ramesh Siroya, representing the State, opposed the bail application, arguing that the applicants might threaten the complainant, commit similar offenses, or flee from justice.
Court’s Reasoning and Decision:
Judge Kulkarni, after reviewing the FIR and the case diary, noted that the medical report indicated that the complainant’s bleeding injuries were treated, and he was referred to specialist wards. The court also observed that the medical documents did not show that the complainant was still under treatment or hospitalized.
The court cited the Supreme Court’s judgment in Sanjay Chandra v. Central Bureau of Investigation, which emphasized that bail is the rule and jail is an exception. The court highlighted the principles that the object of bail is to secure the accused’s appearance at trial, not to punish them, and that every person is presumed innocent until proven guilty.
“In bail applications, generally, it has been laid down from the earliest times that the object of bail is to be secure the appearance of the accused person at his trial by reasonable amount of bail,” Judge Kulkarni quoted from the Supreme Court judgment. “The object of bail is neither punitive nor preventative.”
The court also noted that the investigation was complete and that the applicants had been in custody since June 29, 2022.
“Meanwhile investigation is over so it will not be proper to keep incarcerated for further period,” Judge Kulkarni stated in his order. “They are entitled for bail, if stringent conditions are put to them the interest of the prosecution would be served.”
Consequently, the court granted bail to Shoaib Farukh Shaikh, Sahil Shafik Khan, and Abul Islam Abdul Kalam Ansari, ordering their release upon furnishing a Personal Bond (PB) and Surety Bond (SB) of Rs. 30,000 each with one or two sureties of the same amount.
The court imposed several conditions, including that the applicants must not flee from justice, must not tamper with evidence, must cooperate with the investigation, must attend Mankhurd Police Station every Thursday until the filing of the charge sheet, and must not meet the complainant or witnesses for a year.
Implications and Significance:
This ruling reinforces the principle of “bail, not jail” and highlights the court’s emphasis on individual liberty, especially when the investigation is complete. The decision underscores that bail should not be denied as a punitive measure and that stringent conditions can be imposed to address the prosecution’s concerns.
The court’s reliance on the Supreme Court’s judgment in Sanjay Chandra demonstrates the importance of established legal principles in bail matters.
The order was dictated on August 20, 2022, and signed and uploaded on August 29, 2022, at 5:00 p.m.