Mumbai, July 27, 2022 – Kumel Raza Kalve Abid Sayyed @ Shahrukh, a 28-year-old businessman, has been granted bail by the Sessions Court in Mumbai in connection with an alleged tempo theft and assault case. Sayyed was arrested in connection with Crime No. 357 of 2022, registered at Parksite Vikhroli Police Station, for offenses under Sections 353 (assault or criminal force to deter public servant from discharge of his duty), 332 (voluntarily causing hurt to deter public servant from his duty),¹ 323 (voluntarily causing hurt), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code.²

The Allegations

According to the prosecution, Police Constable Dipak Lahane and other police personnel were searching for a stolen tempo when they spotted it being driven with a motorcycle escort. Upon signaling the vehicles to stop, two individuals alighted from the tempo and attempted to flee. During the chase, co-accused Shabuddin Abdulla Sawant @ Saabu allegedly assaulted Police Constable Lahane and Navale with a knife, causing bleeding injuries. Sayyed then allegedly attempted to flee in the tempo.

Sayyed’s Defense and Arguments

Shri. Jitendra Gupta, representing Sayyed, argued that his client was innocent and falsely implicated. He stated that Sayyed had no prior criminal record and that no recoveries were made at his instance. He argued that Sayyed was arrested based on circumstantial evidence and was ready to abide by any conditions imposed by the court.

Prosecution’s Objections

Smt. Seema Deshpande, the Additional Public Prosecutor (APP), and the Investigating Officer (IO) opposed the bail application. They argued that Sayyed had three pending criminal cases and that there was a possibility of him repeating the crime and tampering with evidence if released.

Court’s Observations and Decision

Additional Sessions Judge Anand Pandurang Kanade noted that the IO had recorded statements from witnesses and that the stolen tempo and knife were recovered at the instance of co-accused Shabuddin Abdulla Sawant. The court also observed that Sayyed had been in judicial custody since June 8, 2022, and that his police custody period was over.

“Since 08.06.2022 applicant/accused is in judicial custody. His police custody period is already over. He is permanent resident of given address,” Judge Kanade stated in the order.

Considering these factors, the court decided to grant bail subject to certain conditions.

Bail Conditions

Sayyed was granted bail on a personal bond of Rs. 15,000 and one or two solvent sureties of the same amount. The court imposed the following conditions:

• A provisional cash security of Rs. 15,000 was allowed for one month in lieu of the surety bond.
• Sayyed must attend Parksite Vikhroli Police Station every Thursday between 11:00 AM and 1:00 PM until the charge sheet is filed.
• He must submit a list of at least three blood relatives with their addresses and contact details.
• He and his surety must inform the police and the court of any change in their residential addresses.
• He must submit copies of at least two identity and address proofs.
• The IO must conduct a physical verification of Sayyed’s residential address.
• Sayyed must not threaten witnesses or tamper with evidence.
• He must not leave the territorial limits of Mumbai without prior permission.
• He must not commit similar offenses while on bail.
• The bail process will be completed before the Metropolitan Magistrate.

The court’s decision reflects a consideration of the length of pre-trial detention, the recovery of evidence, and the need to balance the accused’s rights with the interests of justice. The conditions imposed aim to ensure Sayyed’s cooperation with the ongoing judicial process and prevent any interference.