Mumbai, February 18, 2022 – The Sessions Court for Greater Bombay has rejected the bail application of Mohd. @ Munna Rubab Sayyed (23) and Yasmin Shahbaz Sayyed (30) in connection with a case involving extortion, attempted murder, and illegal possession of arms. The order was issued by Additional Judge Shri G.B. Gurao (Court Room 17) on February 16, 2022.
The accused were arrested in connection with C.R. No. 9/2022 registered at the Deonar Police Station. They face charges under Sections 307 (attempt to murder), 386 (extortion), 387 (putting person in fear of death or grievous hurt, in order to commit extortion), 143 (unlawful assembly), 144 (joining unlawful assembly armed with deadly weapon), 148 (rioting, armed with deadly weapon), and 149 (every member of unlawful assembly guilty of offence committed in prosecution1 of common object) of the2 Indian Penal Code (IPC), as well as Sections 3, 4, 25, and 27 of the Arms Act and Sections 37(1)(a) and 135 of the Maharashtra Police Act.
Arguments Presented:
Mr. R.G. Gadgil, representing the accused, argued that his clients were innocent and had been falsely implicated. He emphasized that no specific role had been assigned to the applicants in the alleged crimes. The defense also pointed out that the injured party was treated as an outpatient (OPD), suggesting that the injuries were not severe. Furthermore, the defense highlighted that the accused were permanent residents of Mumbai and assured the court that they would abide by any conditions imposed if granted bail.
Mr. Ramesh Siroya, the Additional Public Prosecutor (APP) representing the State, strongly opposed the bail application. He argued that the offenses were serious and that the investigation was still in progress. The prosecution expressed concerns that if the accused were released on bail, they would pressure witnesses and tamper with evidence.
Court’s Reasoning and Decision:
Judge Gurao, after reviewing the First Information Report (FIR) and the prosecution’s statement, noted that the accused and their accomplices were alleged to have forcibly extorted “Hafta” (protection money) from shop owners in the area. The complainant’s father, who ran a shop in the vicinity, was also a victim of extortion. Additionally, the complainant’s brother was forced to close his newly opened washing center due to harassment by the accused.
The court highlighted that the incidents occurred on January 4 and 5, 2022, and revealed that the accused were armed with revolvers and swords. One of the accused, Saddam, allegedly fired two rounds. The accused were also accused of threatening other people and causing injuries to the complainant and his father.
Given the seriousness of the offenses and the ongoing investigation, Judge Gurao concluded that releasing the accused on bail at this juncture would likely lead to them pressuring the complainant and witnesses. Therefore, the court found that the applicants were not entitled to bail.
Order Issued:
The court rejected Criminal Bail Application No. 218/2022, disposing of it accordingly. The order was dictated on February 16, 2022, transcribed on February 17, 2022, and signed on February 18, 2022. The certified copy was uploaded on February 18, 2022.
This decision underscores the court’s stance on serious offenses involving extortion and violence, particularly when the investigation is still in progress and there is a risk of witness tampering.