Mumbai, February 12, 2024: The Sessions Court for Greater Mumbai has granted bail to Aslam Rafiq Shaikh in connection with C.R. No. 657/2023, registered at the RCF Police Station. The case pertains to an assault incident involving multiple accused and charges under Sections 307, 326, 324, 323, and 504 read with Section 34 of the Indian Penal Code (IPC).
Case Background
According to the prosecution, on November 7, 2023, at around 9:30 p.m., an altercation took place at New RNA Park, Vashi Naka, Chembur. The complainant, Mukesh Jadhav, alleged that his brother Manoj was engaged in a quarrel with his partner when the accused, including Aslam Shaikh, intervened and physically assaulted them. It was stated that Aslam Shaikh struck the complainant on the head with a bamboo stick, causing grievous injury.
However, the court noted a significant contradiction between the allegations and the medical report, which did not confirm any head injuries on the complainant. Given this discrepancy, the court questioned the applicability of the grievous hurt charges under Section 326 IPC.
Bail Order and Conditions
Additional Sessions Judge A.S. Salgar observed that:
- The investigation had been completed, and a charge sheet was already filed.
- The co-accused had been granted bail, warranting parity in bail considerations.
- No weapon was recovered from Aslam Shaikh, and only his clothes were seized as evidence.
- The complainant had been discharged from the hospital and was no longer in danger.
Considering these factors, the court granted bail to Aslam Shaikh on furnishing a personal bond of Rs. 40,000 with one or more sureties of the same amount. Additionally, the court imposed the following conditions:
- The accused must attend all court hearings.
- He is prohibited from entering the complainant’s locality.
- He must provide his residential address and contact details to the investigating officer and notify any changes immediately.
- He shall not threaten, induce, or tamper with witnesses.
- He cannot leave India without prior court permission.
- Violation of any conditions will result in the cancellation of bail.
Furthermore, the court allowed provisional cash bail for four weeks to enable Shaikh to arrange for surety.
Conclusion
With this order, the court has provided relief to the accused while ensuring safeguards to prevent witness intimidation or evidence tampering. The trial proceedings will continue as scheduled.
