Mumbai, January 20, 2024: The Additional Sessions Court of Greater Mumbai has granted bail to Mohammed Waqash Tayyab Ali Shah, accused in an assault case registered under C.R. No. 518/2023 with the Chunabhatti Police Station. The order was issued by Additional Sessions Judge A.S. Salgar on January 20, 2024, in Criminal Bail Application No. 116 of 2024.
Case Background
The case originated from an incident on December 2, 2023, where an altercation reportedly took place at Gulistan Building, Qureshi Nagar, Kurla (E), Mumbai. The informant, Mohd. Yakub Khan, alleged that he was playing badminton with local residents when the accused, along with three others, confronted him over a dispute related to playing cricket. The primary accused, Kaif Nanhe Khan, allegedly struck the informant with a cement block, causing grievous injuries. The complainant’s friend, Maujam Khan, also sustained injuries during the incident. Subsequently, a First Information Report (FIR) was lodged, and charges under Sections 326, 324, 323, 504, and 506 read with Section 34 of the Indian Penal Code (IPC) were filed against the accused.
Arguments Presented
Defense counsel, Advocate Tahir Qureshi, contended that Waqash Shah was falsely implicated and had no direct involvement in the attack. He emphasized that Shah’s role was limited and that he did not deliver the grievous blow with the cement block. Additionally, the defense pointed out that no recoveries were pending against him, and he had already spent a significant period in judicial custody since his arrest on January 3, 2024. The defense also assured the court that Shah was willing to abide by all conditions imposed for his release.
On the contrary, the prosecution, represented by APP O.S. Maraskolhe, opposed the bail plea, arguing that the investigation was still ongoing. The prosecution further stated that Shah had criminal antecedents, with two previous cases registered against him at Chunabhatti and Wadala T.T. police stations. The investigating officer expressed concerns that granting bail could lead to witness intimidation and evidence tampering.
Court’s Observations and Bail Conditions
After reviewing the evidence and arguments, the court noted that the primary allegations under Section 326 IPC were directed at the main accused, Kaif Nanhe Khan, and not at Shah. Since Shah’s role was deemed limited, and no further custodial interrogation was necessary, the court ruled in his favor.
However, acknowledging the prosecution’s concerns, the court imposed stringent conditions for bail:
- Shah must furnish a personal bond of Rs. 15,000 with one or more sureties of the same amount.
- He must report to the Chunabhatti police station every Sunday between 9:00 a.m. and 12:00 noon until the filing of the charge sheet.
- He is prohibited from making any inducements, threats, or promises to witnesses and must not tamper with evidence.
- He must not leave India without prior court permission.
- Shah is barred from entering the vicinity where the informant resides until the case is disposed of.
- Any breach of these conditions will result in the cancellation of bail.
- A provisional cash bail of Rs. 15,000 has been allowed for four weeks, within which he must furnish the required surety.
Conclusion
With these restrictions in place, the court granted Shah regular bail, affirming that bail is a rule and jail is an exception. The decision was guided by the principle that an accused should not be subjected to pre-trial incarceration unless absolutely necessary.
The case continues to be under investigation, and further legal proceedings are expected as the prosecution prepares to present its charge sheet.