Mumbai, February 28, 2024 – Mohamad Najeeb Vasiul Rehman Sheikh’s second bail application has been rejected by the Sessions Court for Greater Mumbai in a case involving the kidnapping and attempted murder of a minor child. Additional Sessions Judge S.B. Pawar denied the bail application (Criminal Bail Application No. 405 of 2024), citing the gravity of the offense and the evidence presented in the charge sheet.

Sheikh was arrested in connection with FIR No. 816 of 2023, registered at Dharavi Police Station, for offenses under sections 363 (kidnapping), 364 (kidnapping or abducting in order to murder), and 307 (attempt to murder) of the Indian Penal Code (IPC).

Prosecution’s Case:

The prosecution alleged that Sheikh kidnapped Aban Shaikh, a 6-year-old child, on November 10, 2023, with the intention to murder him. He then attempted to kill the child by strangling him with a waist belt. The motive behind the crime was reportedly Sheikh’s suspicion of an illicit relationship between his wife and the child’s father.

Defense Arguments:

Sheikh’s advocate, Aakash Jaiswal, argued that his client was falsely implicated and that no specific role was attributed to him. He emphasized that the charge sheet was filed, no grievous injuries were caused to the victim, and the first informant had filed an affidavit supporting the bail application. He also argued that the injuries sustained by the victim were simple in nature and therefore section 307 of the IPC did not apply.

Prosecution’s Objections:

The Additional Public Prosecutor (APP), Pankaj Chavan, argued that the offense was very serious and that the first informant’s affidavit should not be considered, as it was filed solely to support Sheikh’s bail. He expressed concerns that Sheikh might repeat the offense or tamper with evidence. He also stated that the offense was pre-planned, making Sheikh ineligible for bail.

Court’s Decision:

Judge Pawar, after reviewing the charge sheet and considering the submissions, noted the following:

• Evidence of Involvement: The charge sheet contained evidence, including CCTV footage and the victim’s statement, indicating Sheikh’s involvement in the alleged offense.
• Injury Report: The injury report revealed injuries on the victim’s face and neck, including a patterned abrasion on the neck, which prima facie supported the prosecution’s claim of attempted strangulation.
• Recovery of Weapon: The waist belt used in the alleged attempt to murder was recovered based on Sheikh’s disclosure statement.
• Gravity of Offense: The court emphasized the seriousness of the offense, which involved the kidnapping and attempted murder of a minor child with a motive to harm the child’s father.
• Affidavit’s Credibility: The court concluded that the first informant’s affidavit, filed solely to support Sheikh’s bail, could not be considered due to the gravity of the offense.

Considering these factors, Judge Pawar concluded that Sheikh could not be granted bail.

Significance of the Order:

This order highlights the court’s emphasis on the following factors when denying bail:

• Gravity of the Offense: The court considered the serious nature of the alleged crime.
• Evidence in Charge Sheet: The court relied on the evidence presented in the charge sheet, including CCTV footage, the victim’s statement, and the injury report.
• Credibility of Affidavits: The court questioned the credibility of affidavits filed solely to support bail applications, especially in serious cases.
• Protection of Minor Victims: The court prioritized the protection of minor victims and the prevention of potential harm.