Mumbai, July 20, 2022 – Iqbal Raziullah Shaikh, a 40-year-old auto rickshaw driver, has been granted bail by the Sessions Court in Mumbai in connection with an alleged assault on a police constable. Shaikh was arrested in connection with Crime No. 381/2022, registered at Nehru Nagar Police Station, under Sections 353 (assault or criminal force to deter public servant from discharge of his duty), 332 (voluntarily causing hurt to deter public servant from his duty),1 279 (rash driving), and 504 (intentional insult with intent to provoke breach of the peace) of the Indian Penal Code, and Section 185 (driving by a drunken person or by a person under the influence of drugs) of the Motor Vehicle2 Act.
The Allegations
According to the First Information Report (FIR), on June 10, 2022, a police constable on duty at Kurla Railway Station was informed that a person was climbing down a pedestrian bridge using a cable. As the constable rushed to the location, an auto rickshaw driven by Shaikh allegedly hit him from behind, causing him to fall. An altercation ensued, during which Shaikh allegedly scratched the constable’s neck and shoulder, tore his uniform, and pushed him to the ground. The constable alleged that Shaikh, who appeared to be intoxicated, then attempted to hit him with a paver block.
Shaikh’s Defense and Counter-Allegations
Shaikh, represented by Advocate Chandan Yadav, argued that the constable had assaulted him, demanding a bribe. When the constable realized that Shaikh had sustained serious injuries, he filed a false FIR. The defense also alleged that the investigation was biased in favor of the constable, despite Shaikh being hospitalized for six days.
Prosecution’s Arguments and Criminal Antecedents
The Additional Public Prosecutor (APP), Ms. Raykar, opposed the bail application, stating that Shaikh was a “hardened criminal” with approximately six prior criminal cases registered against him at Nehru Nagar and Chunabhatti Police Stations. She also argued that the FIR clearly indicated Shaikh was intoxicated and had assaulted the constable to obstruct him from performing his duty.
Court’s Observations and Bail Grant
The Additional Sessions Judge, Shri M.S. Kulkarni, noted that Shaikh was hospitalized from June 10 to June 16, 2022, indicating he had sustained injuries. The court also observed that the investigating officer could have obtained medical evidence regarding Shaikh’s alleged intoxication immediately after the incident but instead sought to collect evidence six days later.
The court emphasized that the alleged offenses did not carry a punishment of more than five years imprisonment. It deemed it inappropriate to detain Shaikh further based solely on his criminal antecedents.
“The alleged offences do not provide punishment prescribing more than 5 years imprisonment. In such situation, it is not proper to keep the accused behind bar for further period only on the allegation of the prosecution that the applicant/accused has criminal antecedents,” Judge Kulkarni stated in the order.
Bail Conditions
Shaikh was granted bail on a personal bond of Rs. 25,000 with one or more sureties of the same amount. He was also directed to attend the police station whenever required by the investigating officer to facilitate the investigation until the charge sheet is filed.
The court’s decision highlights the balance between the severity of the alleged offenses and the accused’s right to liberty, particularly when the investigation is still ongoing. The imposition of conditions aims to ensure Shaikh’s cooperation with the investigation while respecting his rights.