Mumbai, April 22, 2024 – Naseem Maqbool Khan, a 34-year-old businessman, has been granted bail by the Sessions Court for Greater Mumbai in a case involving a violent assault. Additional Sessions Judge A.A. Kulkarni (Court Room No. 22) issued the order on April 20, 2024.
Khan was arrested in connection with C.R. No. 283/2024, registered at the Shivaji Nagar Police Station, for offenses under Sections 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 324 (voluntarily causing hurt by dangerous1 weapons or means), 323 (voluntarily causing hurt),2 504 (intentional insult), 506(2) (criminal intimidation), 143 (unlawful assembly), 147 (rioting), 148 (rioting, armed with deadly weapon), and 149 (every member of unlawful assembly guilty of offense3 committed in prosecution of common object) of the Indian Penal4 Code (IPC), along with Sections 4 and 25 of the Arms Act, 1959, and Section 37(1)(a) and 135 of the Maharashtra Police Act.
Background and Allegations:
The prosecution alleged that on April 2, 2024, at approximately 7:30 p.m., a dispute occurred in front of the complainant’s shop. During the altercation, Khan, along with other accused, allegedly assaulted the complainant and others with swords, wooden bamboos, and an iron rod.
Arguments Presented:
Advocate Sushma Kulakari, representing Khan, argued that he was falsely implicated, was suffering from severe stomach pain, and the investigation was complete, negating the need for custodial interrogation. She emphasized that Khan was ready to cooperate, was a permanent resident of Mumbai, and a reputable person in society.
Additional Public Prosecutor (APP) J.N. Suryawanshi and the investigating officer opposed the bail, citing the seriousness of the offenses, specific allegations of assault with a sword, and the recovery of weapons. They expressed concerns about the possibility of Khan tampering with evidence if released.
Court’s Reasoning and Decision:
Judge Kulkarni noted that the alleged weapons had been seized, and the injured parties were discharged from the hospital. He concluded that nothing further was to be seized from Khan.
The court determined that there was no need for further detention, provided Khan cooperated with the ongoing investigation. To address concerns about tampering with evidence, the court ordered Khan to report regularly to the investigating officer until the investigation was completed.
Bail Conditions:
Khan was granted bail upon furnishing a personal bond and surety bond of Rs. 25,000 with one or more sureties of the same amount. The following conditions were imposed:
- Khan must attend the 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 permission from the Court.
- Bail to be furnished before the Trial Court.
Order Details:
The order was directly dictated on the computer on April 20, 2024, and signed on April 22, 2024. The certified copy was uploaded on April 22, 2024, at 5:30 p.m.
This decision reflects the court’s consideration of the completion of the investigation regarding seizures, the medical condition of the injured parties, and the imposition of conditions to ensure Khan’s cooperation and prevent potential interference with the investigation.