Mumbai, April 20, 2024 – Rahmatullah Shamtullah Choudhary, a 55-year-old businessman, has been granted bail by the Sessions Court for Greater Mumbai in an assault case. Additional Sessions Judge A.A. Kulkarni (Court Room No. 22) issued the order on April 19, 2024.
Choudhary 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 complainant alleged that on April 2, 2024, a dispute arose in front of his shop, during which several individuals, including Meraj Alam and Naseem, assaulted Mubin Khan, Sadik Sayyed, and Mehtab Shaikh with weapons like swords and iron rods.
Arguments Presented:
Advocate Mohsin Khan, representing Choudhary, argued that he was falsely implicated, his name was not mentioned in the FIR, no recoveries were made from him, he was ready to cooperate with the police, and he was a reputable resident of Mumbai.
Additional Public Prosecutor (APP) J.N. Suryawanshi, representing the State, opposed the bail, citing the seriousness of the offenses, the specific allegations of assault with a sword, and the recovery of weapons. He expressed concerns about witness tampering.
Court’s Reasoning and Decision:
Judge Kulkarni reviewed the FIR and submissions. He noted that the FIR did not specifically mention Choudhary’s role in the assault and that there were no specific allegations of assault against the injured by Choudhary. The court also observed that the injured were discharged from the hospital and that no further seizures were required from Choudhary.
The court concluded that there was no need for further detention of Choudhary. However, considering the apprehension of tampering with evidence, the court directed Choudhary to appear before the Investigating Officer regularly until the investigation was completed.
Bail Conditions:
Choudhary 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:
- Choudhary 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 19, 2024, and signed on April 20, 2024. The certified copy was uploaded on April 20, 2024, at 4:30 p.m.
This decision reflects the court’s consideration of the lack of specific allegations against Choudhary, the completion of the initial medical treatment of the injured, and the imposition of conditions to ensure his cooperation and prevent potential interference with the legal process.