Mumbai, Maharashtra – September 14, 2022 – Mehtab Laeq Khan, accused of attempted murder, has been granted bail by the Sessions Court for Greater Bombay. The court, presided over by Additional Sessions Judge M.S. Kulkarni, granted bail, emphasizing the principles of personal liberty and the need to ensure the accused’s presence during trial, while imposing strict conditions to maintain the integrity of the legal process.
Khan was arrested in connection with C.R. No. 698 of 2022, registered at the Shivaji Nagar Police Station, and was charged under sections 307 (attempt to murder), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of1 the peace), read with 34 (acts done by several persons in furtherance of common intention)2 of the Indian Penal Code (IPC).
Background of the Case:
According to the First Information Report (FIR) filed by Aavesh @ Aman Kayyum Alam Shaikh, Khan and his accomplices allegedly assaulted Shaikh and his friends during a birthday celebration. Khan is accused of hitting Shaikh on the head with an iron rod with the intent to kill him.
Applicant’s Arguments for Bail:
S.K. Ali, representing Khan, argued that his client was falsely implicated and that the FIR was a counterblast to a complaint filed by Khan against the complainant and his accomplices. He highlighted that the complainant had been discharged from the hospital, the investigation was complete, and nothing further was to be recovered from Khan. Additionally, Khan is 23 years old.
Prosecution’s Objections:
Ramesh Siroya, representing the State, and Altaf Khan, representing the complainant/intervener, strongly opposed the bail. They presented medical documents and photographs showing the severity of the complainant’s injuries, particularly emphasizing the C.T. brain report and the need for surgery.
Court’s Observations and Decision:
Judge Kulkarni acknowledged the severity of the complainant’s injuries but noted that he had been discharged from the hospital after 11 days. The court referenced the Supreme Court’s ruling in Sanjay Chandra v. Central Bureau of Investigation, which emphasizes that the object of bail is to secure the accused’s presence at trial, not to punish or preventively detain them. The court reiterated that bail is the rule, and jail is an exception, stressing the importance of personal liberty as enshrined in Article 21 of the Constitution.
The court considered that Khan had been in custody for over two months, the investigation was complete, and the weapon had been recovered. It concluded that imposing stringent conditions would adequately address any concerns.
Bail Conditions:
The court granted bail to Khan, subject to the following conditions:
- Khan must furnish a Personal Bond (PB) and Surety Bond (SB) of Rs. 50,000 with one or more sureties of the same amount.
- Provisional cash security of Rs. 50,000 is allowed for two months, during which Khan must furnish the surety bonds.
- Khan must not flee from justice.
- Khan must not pressure witnesses or tamper with evidence.
- Khan must cooperate with the investigating officer.
- Khan must attend the Shivaji Nagar Police Station every Monday and Thursday between 10:00 AM and 11:00 AM until the charge sheet is filed.
- Khan must not meet the complainant until the conclusion of the trial.
- Bail must be furnished before the lower court.
Outcome:
The court’s decision highlights the delicate balance between ensuring justice for the complainant and upholding the accused’s right to liberty. By imposing strict conditions, the court aims to ensure Khan’s cooperation with the legal process and prevent any potential interference with the trial, while allowing him to be released on bail. The case underscores the judiciary’s commitment to balancing individual rights with the interests of justice.