Mumbai, Maharashtra – March 19, 2024 – Mohd Matin Niyaj Ahmad, a 22-year-old man, has been granted bail by the Sessions Court in Greater Mumbai in a case involving charges of attempted murder and assault on a traffic constable. The court, presided over by Additional Sessions Judge Shri. S.B. Pawar, cited the completion of the police investigation and the apparent lack of premeditation in the alleged offense as key factors in its decision.
Ahmad was arrested in connection with C.R. No. 503 of 2023, registered at Kurla Police Station, involving charges under Sections 307 (attempt to murder), 353 (assault or criminal force to deter public servant from discharge of his1 duty), 279 (rash driving), 332 (voluntarily causing hurt to deter public servant from his duty), 333 (voluntarily causing grievous hurt to deter public servant from his2 duty), and 336 (act endangering life or personal safety of others) of the Indian Penal Code (IPC), as well as Sections 184 (driving dangerously) and 135 (a)(b) (contravention of rules of road) of the Motor Vehicles Act.
According to the prosecution, on November 28, 2023, Police Constable Laxman Madhukar Mojar, the first informant, was on traffic control duty on L.B.S. Road when Ahmad, driving a Wagon-R car, made an illegal U-turn. When Constable Mojar attempted to stop the vehicle, Ahmad allegedly accelerated, running over the constable and causing fractures to his right thigh and other injuries. Ahmad then fled the scene.
Ahmad, represented by Advocate Imran Sheikh, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, claiming he was falsely implicated and a victim of circumstances. He argued that the prosecution’s story was doubtful, the alleged offenses were not attracted, and that he was a young man from a poor family. He emphasized that the investigation was complete, and the charge sheet was filed, making his continued detention unnecessary.
The prosecution, represented by APP Sulbha Joshi, opposed the bail application, arguing that Ahmad had absconded after the incident and was arrested after considerable effort. They also cited the seriousness of the offense, the potential for him to influence witnesses, and the risk of him fleeing justice.
Judge Pawar, after considering arguments from both sides and reviewing the charge sheet and related documents, granted bail to Ahmad. The court noted that the incident appeared to have occurred without premeditation. The court also acknowledged that the charge sheet had been filed, indicating the investigation was complete.
The court further considered that the accused has no criminal antecedents, and that the purpose of bail is to secure the accused’s presence during the trial, not to punish him before conviction.
Ahmad was granted bail on the following conditions:
- A personal bond of Rs. 30,000/- with one or two sureties of the same amount.
- A prohibition against influencing or threatening witnesses.
- A prohibition against tampering with evidence.
- A prohibition against committing similar offenses while on bail.
- A prohibition against contacting the informant or witnesses.
- Submission of documents regarding his permanent address and contact details, as well as contact details of two close relatives residing in Mumbai, to the police and the court.
- Regular attendance at trial.
- Provisional cash bail of Rs. 30,000/- for six weeks.
The court’s decision highlights the importance of considering the circumstances of the alleged offense, the progress of the investigation, and the accused’s background when determining bail. It also underscores the principle that pre-trial detention should not be used as a form of punishment.