Mumbai, May 3, 2024 – Mohammed Hasan Jahid alias Javed Hussain Shaikh, a 49-year-old resident of Govandi, Mumbai, has been granted bail by the Sessions Court for Greater Mumbai in an attempted murder case. Additional Sessions Judge A.A. Kulkarni, presiding over Court Room No. 22, allowed Shaikh’s bail application (Criminal Bail Application No. 1124 of 2024), citing the lack of direct assault allegations against him in the First Information Report (FIR).

Shaikh was arrested by Shivaji Nagar Police Station in connection with C.R. No. 330/2024, facing charges under sections 307 (attempt to murder), 452 (house-trespass after preparation for hurt, assault or wrongful restraint), 324 (voluntarily causing hurt by dangerous weapons or means), 504 (intentional insult with intent to provoke breach¹ of the peace), 141 (unlawful assembly), 143 (punishment for member of an unlawful assembly), 145 (joining or continuing in unlawful assembly, knowing it has been commanded to disperse), 147 (punishment for rioting), 148 (rioting, armed with deadly weapon), and 149 (every member of unlawful assembly guilty of offense² committed in prosecution of common object) of the Indian Penal³ Code (IPC), along with sections 37(1)(A) and 135 of the Maharashtra Police Act.

The Allegations and FIR:

According to the FIR, the incident occurred on April 16, 2024, between 10:30 PM and 11:00 PM. The complainant and his friend were talking near Durga Seva Sangh, Lotus Colony, Shivaji Nagar, Govandi, when Aafan Amir Khan and his friends arrived and assaulted them. Shanaj Qureshi allegedly attacked the complainant with a knife on his head, while Faisal Qureshi alias Sheru and Mohasin attempted to strangle him with a rope. When the complainant’s friends intervened, Aamin allegedly attacked Ahamad Ali Khan with a knife, and Shaikh, along with other accused, allegedly assaulted others with fist blows.

Defense Arguments:

Shaikh, through his advocate R.M.H. Jabali, argued that he was innocent and falsely implicated in the case. He emphasized that the FIR did not allege that he had assaulted the complainant with the intention to commit murder (section 307 IPC). He also stated that nothing was seized at his instance, and there was no further need for his detention. He highlighted that he was a permanent resident of Mumbai and was ready to abide by any conditions imposed by the court.

Prosecution’s Objections:

The Special Public Prosecutor (SPP), J.N. Suryawanshi, and the investigating officer opposed the bail application, arguing that the FIR disclosed a crime against Shaikh and that his release could lead to tampering with evidence.

Court’s Analysis and Decision:

Judge Kulkarni, after reviewing the FIR, noted that there were no allegations that Shaikh had directly assaulted the complainant or caused any injury to him. He observed that the alleged weapon had already been seized by the police and that the complainant was out of danger and discharged from the hospital.

The court concluded that there was no prima facie evidence that the complainant had sustained injuries likely to cause death and that further detention of Shaikh was not required.

Conditions of Bail:

Judge Kulkarni granted Shaikh bail on the following conditions:

• He must furnish a Personal Recognizance (P.R.) Bond of ₹25,000 with one or two sureties of the same amount.
• He must attend Shivaji Nagar Police Station, Mumbai, as and when required by the investigating officer on notice.
• He must furnish his residential address proof and contact numbers to the investigating officer.
• He must not directly or indirectly influence, threaten, or promise any person acquainted with the facts of the case.
• He must not leave India without prior court permission.
• Bail must be furnished before the learned court below.

Significance of the Order:

This order highlights the court’s emphasis on:

• Specific Allegations in FIR: The court relied on the specific allegations in the FIR to determine the accused’s role in the crime.
• Lack of Direct Assault: The court considered the absence of direct assault allegations against Shaikh in relation to the attempted murder charge.
• Severity of Injuries: The court noted that the complainant’s injuries were not life-threatening.
• Conditions to Ensure Compliance: The court imposed conditions to ensure Shaikh’s presence during the trial and prevent any interference with the investigation.

This ruling underscores the importance of clearly defined roles and specific allegations in criminal cases, particularly when determining bail applications.