Mumbai, February 4, 2022 – The Mumbai Sessions Court has granted bail to Rizwan Hasamuddin Sawat, a 20-year-old resident of Dr. Zakir Hussain Nagar, Govandi, in a case involving assault, criminal intimidation, and possession of a weapon. Sawat was accused of threatening, abusing, and attacking a complainant, along with allegedly damaging a motorcycle while armed with a sword.
The bail order was issued by Additional Sessions Judge G. B. Gurao after considering the lack of direct evidence linking the accused to the possession of a weapon and the fact that he was already in judicial custody.
Case Background
The case originated from an incident on December 22, 2021, when the complainant, Ovesh, alleged that Sawat attacked him following an argument outside his shop in Govandi, Mumbai. According to the complaint:
- The accused asked Ovesh to go home immediately, which he refused.
- Sawat allegedly became aggressive, abused the complainant, and physically assaulted him.
- The complainant later went home but was soon followed by Sawat and two unidentified associates, who banged on his door while holding a sword.
- The accused allegedly damaged a motorcycle parked outside before the police were called, leading to his arrest.
The Deonar Police Station subsequently registered C.R. No. 809/2021, booking Sawat under Sections 323 (voluntarily causing hurt), 504 (intentional insult), 506(II) (criminal intimidation with threat to life), and 427 (mischief causing damage) of the Indian Penal Code, along with Sections 4 and 27 of the Arms Act and Sections 37(1) and 135 of the Maharashtra Police Act.
Defense and Prosecution Arguments
Defense counsel, Advocate Kalid Azami, argued that Sawat was falsely implicated in the case. The lawyer stated that:
- The police had not recovered any weapon from the accused.
- The accused was a permanent resident of Mumbai and would comply with any conditions imposed by the court.
- There was no need for continued custody, as Sawat posed no flight risk and was willing to cooperate with the investigation.
On the other hand, Public Prosecutor Ramesh Siroya opposed the bail plea, asserting that:
- Sawat was a habitual offender with prior criminal records.
- If released, there was a risk that he would abscond.
- His release could lead to witness intimidation and tampering with evidence.
Court’s Decision
After reviewing the submissions, Judge Gurao granted bail, observing that:
- No weapon had been seized from the accused.
- The accused was already in judicial custody, making custodial interrogation unnecessary.
- Strict bail conditions could be imposed to ensure he did not obstruct the investigation.
Sawat was released on a ₹20,000 personal bond with one or more sureties and was required to:
- Report to the police station whenever required.
- Avoid pressuring prosecution witnesses.
- Refrain from committing any further offenses.
- Provide his correct residential address to the authorities.
Additionally, he was allowed provisional cash bail for four weeks, after which he must provide sureties.
Legal Implications
The case highlights how courts balance individual rights and public safety when granting bail in criminal intimidation and weapons-related cases. While allegations of threatening behavior and assault are taken seriously, the absence of direct evidence, such as weapon recovery, can play a crucial role in bail decisions.
With this ruling, the criminal bail application (No. 156/2022) was disposed of, and Sawat will remain out of custody while awaiting trial.