Mumbai, Maharashtra – May 20, 2022 – A Mumbai Sessions Court has granted bail to Amir Hamid Shaikh, accused of assaulting a traffic police officer. The court, presided over by Additional Sessions Judge M.G. Deshpande, granted bail after considering the progress of the investigation and the nature of the offenses.
Shaikh was arrested in connection with Crime No. 380/2022, registered at BKC Police Station, under sections 353 (assault or criminal force to deter public servant from discharge of his duty), 332 (voluntarily causing hurt to deter public servant from his duty),1 504 (intentional insult with intent to provoke breach of the peace), and 505 (statements conducing to public mischief) of the Indian Penal Code (IPC),2 as well as sections 37(1)(a) and 135 of the Bombay Police Act, and sections 51 and 177 of the Motor Vehicles Act.
The prosecution alleged that on May 5, 2022, a traffic police officer signaled Shaikh, who was riding a scooter without a helmet, to stop. However, Shaikh allegedly attempted to flee, verbally abused the officer, and then attacked him with a knife, causing injury to the officer’s finger.
During the bail hearing, Shaikh’s advocates, Mr. Asif Latif Shaikh and Mr. Iqbal Qureshi, argued that the investigation was nearly complete, and his further detention was unnecessary. They also addressed the prosecution’s concern about the likelihood of absconding, suggesting that it could be mitigated by imposing suitable conditions.
The prosecution, represented by Ld. Addl. P.P. Mrs. Rashmi Tendulkar, opposed the bail application, primarily on the ground that Shaikh might abscond if released.
Judge Deshpande, after reviewing the case records and hearing both sides, noted that the investigation was almost over. The scooter and the alleged weapon had been seized, and witness statements had been recorded. Considering the punishment provided under section 353 of the IPC, the court concluded that further detention of Shaikh was not necessary.
“Considering the punishment provided under offence under Ss. 353 IPC, I am of the opinion that further detention of the applicant is not necessary. The only apprehension expressed by the prosecution is likelihood of abscondance. Same can be safeguarded by imposing certain conditions on the applicant. It will take lot of time to file chargesheet, commitment of case and beginning of trial. Hence, I hold that applicant has made out strong prima-facie case,” Judge Deshpande stated in the order.
The court granted bail to Shaikh on a personal bond of Rs. 15,000 with a surety bond of the same amount, subject to the following conditions:
- He must attend BKC Police Station once a week on every Friday between 8:00 AM and 5:00 PM for 60 days.
- He must not pressure the complainant or prosecution witnesses or tamper with evidence.
- He must not repeat the crime.
- He must not leave Mumbai without permission from the Metropolitan Magistrate.
- He was permitted to furnish provisional cash security of Rs. 15,000 for two months.
This decision reflects the court’s consideration of the progress of the investigation and the nature of the offenses, balancing the need to ensure the accused’s presence during trial with the principle of personal liberty.