Mumbai, May 3, 2024 – Intezar Ahmad Abdul Latif Malik, accused of attempted murder, has been granted bail by the Sessions Court for Greater Mumbai. Additional Sessions Judge A.A. Kulkarni allowed Malik’s bail application (Criminal Bail Application No. 1131 of 2024), citing the absence of premeditation, the recovery of the alleged weapon, and the victim’s recovery.

Malik was arrested in connection with C.R. No. 317/2024, registered at Shivaji Nagar Police Station, for offenses punishable under sections 307 (attempt to murder), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace), and 506(2)¹ (criminal intimidation) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC), and² sections 37(1)(A) and 135 of the Maharashtra Police Act.

Prosecution’s Case:

The prosecution alleged that on April 13, 2024, at approximately 3:45 PM, a dispute arose between the children of the complainant and Malik. When the complainant’s son intervened, a quarrel ensued between him and Malik. The complainant, upon hearing the commotion, witnessed Malik and Mustak assaulting his son. Malik then allegedly stabbed the complainant’s son in the stomach with a knife.

Defense Arguments:

Malik’s advocate, Firoz Behlim, argued that his client was falsely implicated. He stated that the incident stemmed from a dispute between children and that both families were involved in the altercation. He emphasized that nothing was to be seized at Malik’s instance and that his custodial interrogation was unnecessary. He also argued that Malik was a permanent resident of Mumbai and willing to cooperate with the police and abide by any conditions imposed by the court.

Prosecution’s Objections:

The Additional Public Prosecutor (APP), J.N. Suryawanshi, and the Investigating Officer (IO) opposed the bail, citing the seriousness of the offense and the use of a knife. They expressed concerns about potential witness tampering and Malik absconding if released.

Court’s Decision:

Judge Kulkarni, after reviewing the FIR and submissions, noted that the incident arose from a sudden dispute between children, with no evidence of prior animosity between the injured and Malik. The court highlighted the following:

• Lack of Premeditation: The incident appeared to be spontaneous, with no indication of planning.
• Weapon Recovery: The alleged weapon had already been seized by the police.
• Victim’s Recovery: The injured had been discharged from the hospital and was out of danger.
• No Further Seizure: Nothing further was required to be seized at the instance of the applicant.
• Injury Severity: Prima facie there was no evidence that the injury was necessarily life threatening.

Considering these factors, the court concluded that further detention of Malik was not required.

Conditions of Bail:

Judge Kulkarni granted Malik bail on the following conditions:

• He must furnish a Personal Recognizance (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 IO on notice.
• He must provide his residential address proof and contact numbers to the IO.
• He must not directly or indirectly influence or threaten any person acquainted with the case.
• He must not leave India without prior court permission.
• Bail must be furnished before the learned court below.

Significance of the Order:

This order highlights the court’s consideration of the following factors when granting bail in an attempted murder case:

• The spontaneous nature of the incident and the lack of premeditation.
• The completion of key investigative steps, such as weapon recovery.
• The victim’s recovery and the absence of life-threatening injuries.
• The accused’s willingness to cooperate and abide by court conditions.

The decision reflects the court’s effort to balance the seriousness of the offense with the individual circumstances of the case and the progress of the investigation.