Mumbai, Maharashtra – June 6, 2022 – A Mumbai Sessions Court has granted bail to Arman Ijhar Ahmad and his son Gufran Ali Arman Ali Khan, accused in an assault case. The court, presided over by Additional Sessions Judge A.A. Kulkarni, granted bail after observing that the medical evidence did not indicate grievous hurt, despite the registration of an offense under Section 326 of the Indian Penal Code (IPC).

Arman Ijhar Ahmad (56) and Gufran Ali Arman Ali Khan (23) were arrested in connection with Crime No. 231/2022, registered at Wadala T.T. Police Station, under sections 504 (intentional insult with intent to provoke breach of the peace), 323 (voluntarily causing hurt), 324 (voluntarily causing hurt by dangerous weapons or¹ means), 326 (voluntarily causing grievous hurt by dangerous weapons or means), and 34 (acts done by several persons in furtherance² of common intention) of the IPC.

The prosecution alleged that on April 25, 2022, the accused assaulted the complainant, Siraj Ahemad Shaikh, following a dispute over business premises.

During the bail hearing, the accused’s advocate, Mr. Shaikh Abdul Azim Mohd. Hanif, argued that while Section 326 IPC (grievous hurt) was invoked, the medical records did not substantiate grievous hurt. He further submitted that the incident occurred suddenly due to a business dispute and that the complainant had been discharged from the hospital, indicating that continued detention was unnecessary.

The prosecution, represented by Ld. APP Ms. Ratnavali Patil, opposed the bail application, arguing that the accused and complainant were relatives, and there was a possibility of witness tampering if the accused were released. However, the prosecution also admitted that no grievous hurt, as required under Section 326 IPC, was caused to the complainant.

Judge Kulkarni, after reviewing the medical records and hearing both sides, observed that the medical evidence did not disclose grievous hurt. He also noted that the incident was a result of a sudden fight between parties known to each other, and the material investigation was complete.

“In view of submissions from both the sides and on perusal of medical papers, it is clear that there is no grievous hurt caused to informant. Offence is occurred due to sudden fight between parties. Parties are acquainted with each other. Material investigation is completed. Trial will take its own time. Hence, in this situation, in my opinion, detention of applicant for indefinite period cannot be warranted,” Judge Kulkarni stated in the order.

The court granted bail to the father-son duo on a personal bond of Rs. 15,000 each, with one surety of the same amount, subject to the following conditions:

• They must attend Wadala T.T. Police Station upon notice by the Investigating Officer.
• They must furnish their residential address proof and contact numbers to the Investigating Officer.
• They must not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case.
• They must not leave India without the court’s permission.

This decision highlights the court’s consideration of medical evidence and the specific circumstances of the case, balancing the need to ensure the accused’s presence during trial with the principle of personal liberty.