Mumbai, March 21, 2024 – The Mumbai Sessions Court has granted bail to Sahil Salim Shaikh, a 26-year-old rickshaw driver, who was accused in an attempted murder and assault case registered at Shivaji Nagar Police Station under C.R. No. 922 of 2023.
The bail order was passed by Additional Sessions Judge Dr. Gauri Kawdikar, who observed that the investigation was complete, no weapon was recovered from the accused, and a co-accused with a similar role had already been granted bail.
Case Background
The FIR was lodged on October 19, 2023, following an incident in which a group of assailants, including the accused, allegedly stormed into the complainant’s house and attacked him and his family members.
According to the prosecution’s case:
- On October 16, 2023, the complainant, Sahil Haroon Ansari, had intervened in a dispute involving his cousin sister Zainab, who was being prevented from speaking to an individual named Farhan Mansuri.
- This led to a heated confrontation, during which the accused and his associates, including Sameer @ Shammo, Gullesh, and Shahrukh, allegedly verbally abused and physically assaulted the complainant’s aunt and another family member.
Three days later, on October 19, 2023, the assault escalated into a violent attack:
- At around 9:30 p.m., a group of accused forcefully entered the complainant’s house.
- Sameer @ Shammo allegedly attacked the complainant’s mother with an axe, causing her to fall.
- The complainant was dragged out of his home, where he was reportedly assaulted with a sword by both Sameer @ Shammo and Sahil Salim Shaikh (the present accused).
- Other members of the group also attacked neighbors who attempted to intervene, leading to serious injuries to multiple individuals.
Defense and Prosecution Arguments
Defense Counsel, Advocate Abdul Rehman, argued that:
- Shaikh was falsely implicated in the case.
- No sword was recovered from the accused.
- The investigation was complete, and a charge sheet had already been filed.
- The co-accused, Gullesh, was granted bail on February 13, 2024, and Shaikh should be granted bail on grounds of parity.
- The accused was a permanent resident of Mumbai with no prior criminal record.
On the other hand, Additional Public Prosecutor (APP) Meera Choudhari-Bhosale opposed the bail plea, arguing that:
- If released, the accused may commit further crimes.
- The complainant and witnesses could be threatened, putting their lives in danger.
- There was a possibility of the accused absconding and failing to appear for trial.
Court’s Observations and Decision
After carefully reviewing the arguments, Judge Kawdikar made the following observations:
- The accused’s role was similar to that of co-accused Gullesh, who was already granted bail.
- The injury report of the complainant indicated a simple wound on the upper back caused by a sharp object.
- No sword was recovered from the accused, weakening the case for continued detention.
- The investigation was complete, and there was no valid reason to keep the accused in jail.
The court granted bail to the accused on the ground of parity, stating that his continued detention was unwarranted.
Bail Conditions
To ensure cooperation with the trial and protect the complainant, the court imposed the following conditions:
- ₹25,000 Personal Bond with one or more sureties.
- The accused must not tamper with prosecution witnesses or evidence.
- Mandatory attendance at Shivaji Nagar Police Station on the first Sunday of every three months (7:00 AM to 8:00 AM) until the trial is completed.
- Prohibition from committing any further offense.
- Restriction on leaving India without prior court permission.
- Submission of his residential address and contact details to the police.
- Immediate notification to the court and investigating officer in case of a change in residence.
Legal and Social Impact
This case highlights the judicial balance between protecting individual rights and ensuring justice for victims. While the court acknowledged the seriousness of the offense, it also recognized that continued incarceration without conclusive evidence was unnecessary.
With strict bail conditions in place, the court aims to prevent any further conflicts and ensure that the accused remains available for legal proceedings.
As the trial progresses, it will determine whether the accused was wrongly implicated or played a crucial role in the assault, shaping the final outcome of the case.
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