Mumbai, May 13, 2024 – Ismail Ibrahim Kotatara Shaikh, accused of assault, has been granted bail by the Sessions Court for Greater Mumbai. Additional Sessions Judge A.A. Kulkarni allowed Shaikh’s bail application (Criminal Bail Application No. 1135 of 2024), citing the completion of the investigation and the nature of the injuries sustained by the complainant.

Shaikh was arrested in connection with Crime No. 40/2024, registered at Mankhurd Police Station, for offenses punishable under sections 307 (attempt to murder), 143 (unlawful assembly), 144 (joining unlawful assembly armed with deadly weapon), 147 (rioting), 148 (rioting, armed with deadly weapon),¹ 504 (intentional insult with intent to provoke breach of the peace), and 506(2) (criminal intimidation) of the Indian Penal Code² (IPC), along with sections 4 and 25 of the Arms Act and sections 37(1)(a) and 135 of the Bombay Police Act, 1959.

Prosecution’s Case:

The prosecution alleged that the complainant, a vice president of the Republic Party of India (Athavale Group) of North Mumbai, had been trying to dissuade Shaikh and his associates, Ashfak Khan alias Babbu, Rashid Jagga, and Faisal Siddiqui alias Nagori, from engaging in narcotics and tobacco business. On February 8, 2024, the accused persons allegedly used unparliamentary language against the complainant at a religious program. Later that night, they allegedly assaulted the complainant with swords and bamboo sticks, causing injuries to his head, shoulder, and leg.

Defense Arguments:

Shaikh’s advocate, J.R. Sahu, argued that the investigation was complete, and the charge sheet had been filed. She emphasized that most of the injuries sustained by the complainant were simple, except for one caused by a sharp weapon, which Shaikh did not inflict. She also stated that Shaikh was ready to cooperate with the prosecution.

Prosecution’s Objections:

The Additional Public Prosecutor (APP), J.N. Suryawanshi, and the Investigating Officer (IO) opposed the bail, citing the use of deadly weapons like swords and bamboo sticks, Shaikh’s criminal antecedents, and the possibility of witness tampering.

Court’s Decision:

Judge Kulkarni, after reviewing the FIR and submissions, noted that the investigation was complete, and the charge sheet had been filed. He also considered the nature of the injuries sustained by the complainant. The court highlighted the following:

• Completion of Investigation: The investigation, including recording witness statements and seizing weapons, was complete.
• Nature of Injuries: Most injuries were simple, with only one sharp weapon injury.
• Shaikh’s Role: Shaikh was alleged to have assaulted with a bamboo, not the sharp weapon.

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

Conditions of Bail:

Judge Kulkarni granted Shaikh bail on the following conditions:

• He must furnish a Personal Recognizance (P.R.) Bond and a Surety Bond (S.B.) of ₹25,000 with one or more sureties of the same amount.
• 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.
• Provisional cash bail is allowed for a period of 8 weeks.
• Bail must be furnished before the learned court below.

Significance of the Order:

This order highlights the court’s consideration of the completion of the investigation and the nature of injuries when granting bail in assault cases. The court’s decision reflects its effort to balance the seriousness of the offense with the individual circumstances of the case and the progress of the investigation.