Mumbai, July 21, 2022 – Mohammad Salim Aslam Shaikh, a 19-year-old carpenter, has been granted bail by the Sessions Court in Mumbai in connection with an alleged assault on a policeman. Shaikh was arrested in connection with Crime No. 551/2022, registered at RAK Marg Police Station.

The Allegations

According to the prosecution, on June 28, 2022, Assistant Sub-Inspector (ASI) Suresh Maruti Dhale was on duty at Wadala Railway Station when he saw Shaikh riding a motorcycle without a helmet. When Dhale stopped Shaikh and asked for his driving license, Shaikh allegedly admitted he didn’t have one and tried to flee. When Dhale attempted to stop him, Shaikh allegedly rammed his motorcycle into Dhale, causing him to sustain a fractured shoulder. The case was registered under Sections 353 (assault or criminal force to deter public servant from discharge of his duty),¹ 338 (causing grievous hurt by act endangering life or personal safety of others), and 279 (rash driving or riding on a public way) of the Indian Penal Code,² and Sections 184 (driving dangerously), 181 (driving vehicles without license), 179 (disobedience of orders and refusal to give information), and 129 (wearing of protective headgear) of the Motor Vehicle Act.

Shaikh’s Defense and Arguments

Advocate Abhishek Mishra, representing Shaikh, argued that his client had been falsely implicated. He stated that Shaikh had been in judicial custody since June 30, 2022, and that his further detention was unnecessary. He also emphasized that Shaikh was the sole breadwinner of his family and was ready to cooperate with the investigation.

Prosecution’s Objections

Smt. Seema Deshpande, the Additional Public Prosecutor (APP), and the Investigating Officer (IO) opposed the bail application, arguing that there was a possibility of Shaikh repeating the crime and tampering with evidence if released. They also stated that the investigation was ongoing.

Court’s Observations and Decision

Additional Sessions Judge Anand Pandurang Kanade considered the submissions and the documents on record. The court noted that Shaikh had been in judicial custody since June 30, 2022, and that the IO had completed the spot panchnama. The court also observed that Shaikh was a permanent resident of Antop Hill, Wadala, and that his police custody period was over.

“His police custody period is already over. No ground is made out for the further custody of the applicant/accused,” Judge Kanade stated in the order.

The court concluded that there was no ground for Shaikh’s further custody and decided to grant bail subject to certain conditions.

Bail Conditions

Shaikh was granted bail on a personal bond of Rs. 20,000 and one or two solvent sureties of the same amount. The court imposed the following conditions:

• A provisional cash security of Rs. 20,000 is permitted for one month in lieu of the surety bond.
• Shaikh must attend RAK Marg Police Station every Monday between 11:00 a.m. and 1:00 p.m. until the charge sheet is filed.
• He must submit a list of at least three blood relatives with their addresses and proof of their addresses.
• He and the surety must inform the police and the court of any change in their residential addresses.
• He must submit copies of at least two identity documents, such as a PAN card, Aadhaar card, ration card, electricity bill, voter ID card, or property documents.
• The IO will conduct a physical verification of the residential address.
• Shaikh must not influence or threaten any witness or tamper with evidence.
• He must not leave Mumbai without prior permission from the court.
• He must not commit any similar offenses.
• Conditions related to document submission and verification must be complied with before furnishing the cash security or surety bond.
• The bail process will be completed before the Metropolitan Magistrate Court.

Key Points

• Judicial Custody: The court considered the duration of Shaikh’s judicial custody.
• Investigation Progress: The court noted that the IO had completed the spot panchnama.
• Residency: Shaikh’s status as a permanent resident was taken into account.
• Conditions Imposed: The court imposed stringent conditions to ensure Shaikh’s compliance and prevent him from tampering with evidence or fleeing.
• Assault on Policeman: The case involved allegations of assaulting a policeman during duty.