Mumbai, May 3, 2024 – Affan Amir Khan, a 20-year-old resident of Shivaji Nagar, Mumbai, has been granted bail by the Sessions Court for Greater Mumbai in connection with an attempted murder case. Additional Sessions Judge A. A. Kulkarni allowed Khan’s bail application (Criminal Bail Application No. 1136 of 2024), citing the lack of direct assault allegations against him and the completion of the initial investigation.
Khan was arrested in connection with Crime Register No. 330/2024, registered at Shivaji Nagar Police Station, for offences punishable under sections 307 (attempt to murder), 452 (house-trespass after preparation for hurt, assault or wrongful restraint), 324 (voluntarily causing hurt by dangerous weapons or means), 504 (intentional insult with intent to provoke breach1 of the peace), 141 (unlawful assembly), 143 (punishment for unlawful assembly), 145 (joining or continuing in unlawful assembly, knowing it has been commanded to disperse), 147 (punishment for rioting), 148 (rioting, armed with deadly weapon), and 149 (every member of unlawful assembly guilty of offence committed in prosecution2 of common object) of the3 Indian Penal Code (IPC), as well as sections 37(1)(A) and 135 of the Maharashtra Police Act.
Prosecution’s Case:
According to the First Information Report (FIR), the incident occurred on April 16, 2024, between 10:30 PM and 11:00 PM. The complainant and his friend were talking near Durga Seva Sangh, Lotus Colony, Shivaji Nagar, Govandi when Khan allegedly abused the complainant, grabbed his collar, and dragged him onto the road. Subsequently, Khan’s friends arrived and assaulted the complainant with fist blows. One of the co-accused, Shanaj Qureshi, allegedly assaulted the complainant with a knife on his head. Other co-accused, Faisal Qureshi alias Sheru and Mohasin, allegedly attempted to strangle the complainant with a rope. When the complainant’s friends intervened, they were also assaulted.
Defense Arguments:
Khan’s advocate, Ms. Jyoti Raju Sahu, argued that her client was innocent and falsely implicated. She emphasized that Khan was not directly accused of assaulting the complainant with the intention to commit murder (section 307 of the IPC). She also stated that nothing was seized from Khan’s possession and that he was a permanent resident of Mumbai.
Prosecution’s Objections:
The prosecution, represented by Special Public Prosecutor (SPP) J. N. Suryawanshi and the investigating officer, opposed the bail, arguing that a crime was disclosed against Khan in the FIR and that there was a possibility of him tampering with evidence if released.
Court’s Decision:
Judge Kulkarni, after reviewing the FIR and the submissions from both sides, noted that Khan was not directly accused of causing any injuries to the complainant. The court also acknowledged that the alleged weapon had been seized by the police during the investigation and that the complainant was out of danger and discharged from the hospital.
The court concluded that there was no need for Khan’s further detention, considering the role assigned to him in the FIR and the fact that the complainant’s injuries were not life-threatening.
Conditions of Bail:
Judge Kulkarni granted Khan bail on the following conditions:
- Khan must furnish a personal bond (P.R. Bond) of ₹25,000 along with one or two sureties of the same amount.
- He must attend Shivaji Nagar Police Station as and when required by the investigating officer.
- He must provide his residential address proof and contact numbers to the investigating officer.
- He must not directly or indirectly threaten or influence any witness.
- He must not leave India without prior court permission.
- Provisional cash bail was allowed for eight weeks.
- Bail must be executed before the lower court.
The court concluded that releasing Khan on these conditions would serve the interests of justice.