Mumbai, Maharashtra – May 18, 2022 – A Mumbai Sessions Court has rejected the bail applications of Irfan Ali Shamshuddin Shah and Shahnawaz Shamshuddin Shah, accused in an assault case involving grievous injury. The court, presided over by Additional Sessions Judge R.M. Sadrani, denied bail citing the pre-planned nature of the attack and the grievous injury inflicted on the victim.
Irfan Ali Shamshuddin Shah (29) and Shahnawaz Shamshuddin Shah (24) were arrested in connection with C.R. No. 279 of 2022, registered at L.T. Marg Police Station, Mumbai. They were charged under sections 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 323 (voluntarily causing hurt), 5041 (intentional insult with intent to provoke breach of the peace),2 and 506 (criminal intimidation), read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code3 (IPC).
Details of the Allegations:
According to the prosecution, on April 11, 2022, the complainant, Manoj Devidas Kadam, and his relatives were in Zaveri Bazar for wedding shopping. An altercation ensued when Irfan Ali Shamshuddin Shah’s two-wheeler brushed against Sunil Chavan, a family member of the complainant. Irfan then allegedly called his associates, including Shahnawaz Shamshuddin Shah and co-accused Ali Ahmed Karimulla Mujahid.
The prosecution alleges that there were two separate attempts to assault the complainant and his family. Ritesh, who intervened, was assaulted with a bamboo stick by Ali Ahmed Karimulla Mujahid, resulting in a grievous head injury. Shahnawaz Shamshuddin Shah allegedly assaulted with a waist belt.
Arguments Presented During the Bail Hearing:
Advocate Pawar, representing Irfan and Shahnawaz, argued that section 307 of the IPC was not applicable. He contended that Irfan was only involved in the initial altercation and that Shahnawaz had only used a waist belt. He emphasized that the grievous injury was caused by co-accused Ali Ahmed Karimulla Mujahid.
Ld. APP Pranjali Joshi opposed the bail applications, arguing that Irfan had called the other accused after the initial altercation, demonstrating a common intention to assault the complainant and his family. She highlighted the grievous head injury as evidence of the severity of the attack.
Court’s Reasoning and Decision:
Judge Sadrani, after reviewing the FIR and hearing both sides, noted that Irfan had left the scene after the initial altercation and returned with the co-accused, indicating a pre-planned attack.
“As per FIR itself, after giving dash of his two wheeler, there was altercation of words. Thereafter, applicant No.1 went from the spot and returned after sometimes with co-accused. Thereafter, there was assault on two occasions on informant and his family members at two different spots which shows that all the accused came there with pre-plan,” Judge Sadrani stated in the order.
The court also highlighted the grievous injury to the intervener’s head, indicating the severity of the assault.
“There was assault on the vital part i.e. head causing grievous injury to the intervener,” Judge Sadrani noted.
The court expressed concerns about potential witness tampering, given that the investigation was still in progress.
“Investigation is in progress. There is possibility of tampering with the evidence. Considering all these facts, I am not inclined to allow the application,” Judge Sadrani stated.
Decision:
The court rejected the bail applications of Irfan Ali Shamshuddin Shah and Shahnawaz Shamshuddin Shah, citing the pre-planned nature of the attack, the grievous injury inflicted, and the potential for witness tampering.
Implications of the Decision:
This decision underscores the court’s stringent approach in cases involving pre-planned assaults and grievous injuries. It highlights the importance of considering the sequence of events and the severity of injuries when deciding bail applications. The ruling also reflects the court’s commitment to ensuring the integrity of the investigation and preventing witness tampering.