Mumbai, February 21, 2024 – The Sessions Court for Greater Mumbai has granted bail to Sameer Azmtullah Pathan alias Mohd. Samir Ajmtulla Patan, accused in an attempt to murder case. Additional Sessions Judge A.A. Kulkarni, presiding over Court Room No. 22, allowed Pathan’s bail application (Criminal Bail Application No. 397 of 2024), citing the limited allegations against him and the absence of grievous injury to the complainant.

Pathan was arrested in connection with C.R. No. 8/2024, registered at Shivaji Nagar Police Station, for offenses under sections 307 (attempt to murder), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of¹ the peace), 506 (criminal intimidation) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code² (IPC).

The Allegations and FIR:

According to the FIR, on January 2, 2024, the complainant was at his house when Pathan and other accused were present at his brother-in-law’s house. An altercation ensued, and later, Pathan allegedly assaulted the complainant with a beer bottle.

Defense Arguments:

Pathan, through his advocate Nawaz Usmani, argued that he was falsely implicated and that the offense under section 307 of the IPC was not made out. He highlighted that nothing was to be recovered from him, that the injured had been discharged from the hospital, and that he was a permanent resident of Mumbai. He stated that he was ready to cooperate with the police and argued that there was no need for his further detention.

Prosecution’s Objections:

The prosecution, represented by APP Ramesh Siroya, and the investigating officer opposed the bail application. They argued that the alleged offense was serious, that the investigation was ongoing, and that there was a possibility of Pathan absconding or tampering with evidence if released on bail.

Court’s Analysis and Decision:

Judge Kulkarni, after hearing arguments and reviewing the record, made the following observations:

• Limited Allegations: The court noted that the allegations against Pathan were limited to assaulting the complainant with a beer bottle during an altercation.
• No Grievous Injury: The court observed that there were no allegations that Pathan had caused any grievous injury to the complainant.
• No Recovery: The court acknowledged that nothing was to be seized from Pathan.
• No Need for Further Detention: The court concluded that there was no need for Pathan’s further detention for investigation.

Judge Kulkarni concluded that, considering the limited allegations and the absence of grievous injury, Pathan could be released on bail subject to conditions.

Conditions of Bail:

The court granted Pathan bail on the following conditions:

• He must furnish a Personal Recognizance (P.R.) and Surety Bond (S.B.) of ₹25,000 with one or more sureties of the same amount.
• He must appear before the police as and when required for further investigation until the charge sheet is filed.
• He must furnish his residential address proof and contact numbers to the investigating officer.
• He must not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case.
• He must not leave India without prior permission from the court.
• Bail must be furnished before the learned court below.

Significance of the Order:

This order highlights the court’s emphasis on:

• Limited Allegations: The court considered the specific allegations against the accused and their severity.
• Absence of Grievous Injury: The court considered the absence of grievous injury as a factor in granting bail.
• No Need for Further Detention: The court considered whether the accused’s further detention was necessary for investigation.
• Conditions to Ensure Compliance: The court imposed conditions to ensure the accused’s presence and prevent any interference with the investigation.

This ruling demonstrates the court’s approach in balancing the rights of the accused with the interests of justice, particularly when the allegations are limited and there is no strong evidence of serious harm.