Mumbai, Maharashtra – April 28, 2022 – Imran Ahmed Bashir Ahmed Shaikh, accused in an assault case, has been granted bail by the Sessions Court for Greater Bombay. Additional Judge G.B. Gurao (C.R. 17) allowed Criminal Bail Application No. 823 of 2022, related to C.R. No. 429 of 2021 registered with Shivaji Nagar Police Station.
Shaikh, also known as Imran, was arrested and charged under Sections 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 324 (voluntarily causing hurt by dangerous1 weapons or means), 504 (intentional insult with intent to provoke breach of the peace), 506 (criminal intimidation), and 34 (acts done by several persons in furtherance of common intention) of2 the Indian Penal Code (IPC),3 as well as Sections 37(1)(A) and 135 of the Maharashtra Police Act.
Case Background:
The complainant alleged that on February 15, 2021, Shaikh and others assaulted him with bamboo sticks and swords. The police investigated the crime and filed a charge sheet.
Arguments and Court’s Reasoning:
Shaikh’s counsel, Adv. Ajay Tripathi, argued that his client was innocent and falsely implicated. He highlighted that there was no recovery of weapons at Shaikh’s instance, that his client had clear antecedents, and that co-accused in the case had already been granted bail. He also stated that the charge sheet had been filed and that Shaikh was willing to abide by any conditions imposed by the court.
The prosecution, represented by APP Ramesh Siroya, opposed the bail, arguing that the offense was serious and that Shaikh might abscond if released.
The court, after reviewing the case details, noted that the incident occurred on February 15, 2021, and that Shaikh was arrested on March 30, 2022. “The incident took place on 15/2/2021. it is alleged that accused assaulted the complainant by bamboo and sword. Police investigated the crime and filed chargesheet. Coaccused are released on bail. Present accused is arrested on 30/3/2022. He was in police custody. However, nothing was recovered from the accused,” Judge Gurao stated.
The court also considered Shaikh’s clear antecedents, his willingness to abide by court conditions, and the principle of parity with the co-accused who had already been granted bail. “The antecedents of accused are clear and he undertakes to abide by the conditions if any imposed by the Court. The role attributed to the coaccused and present accused is same. Hence, considering the facts and circumstances of the case and the principle of parity I, find that accused is entitled for bail,” Judge Gurao concluded.
Bail Conditions:
Judge Gurao granted bail to Imran Ahmed Bashir Ahmed Shaikh on the following conditions:
- Execution of a personal bond of ₹20,000 with one or more sureties of the same amount.
- Regular attendance at court hearings unless exempted.
- Provisional cash bail of ₹20,000 for four weeks.
- Bail to be processed before the Learned Magistrate.
The certified copy of the judgment was issued on April 28, 2022. This decision highlights the court’s consideration of the principle of parity, the lack of recovery from the accused, and the accused’s clear antecedents when granting bail.