Mumbai, October 15, 2022 – The Additional Sessions Judge Madhuri M. Deshpande granted bail to Sameer Babu Ahmad Shaikh, accused in an attempt to murder case registered at Dongri Police Station. The court, while granting bail, imposed stringent conditions to ensure the safety of the complainant and the integrity of the trial.

Shaikh was arrested in connection with Crime No. 284/2022, registered under Section 307 (attempt to murder) of the Indian Penal Code (IPC).

According to the prosecution, the complainant, Shaien Sameer Shaikh, who is the wife of the accused, stated that she had been living separately from her husband due to his addiction to alcohol and drugs. On May 14, 2022, Shaikh, under the influence of liquor, came to her parents’ house and insisted that she return with him. When she refused, he allegedly assaulted her with a wooden pestle, attempting to kill her. He also took their son with him.

Shaikh, through his advocate R.V. Gupta, sought bail under Section 439 of the Criminal Procedure Code (CrPC), arguing that he was falsely implicated, the incident occurred during a domestic dispute, the offense under Section 307 IPC was not made out, he had no criminal antecedents, and he was the sole breadwinner of his family.

The prosecution, represented by Additional Public Prosecutor (APP) Rajlaxmi Bhandari, opposed the bail, stating that the investigation was complete, the charge sheet had been filed, the victim’s statement under Section 164 CrPC had been recorded, and the accused had attempted to kill the victim in a fit of anger. They also expressed concerns that Shaikh might pressurize the prosecution witnesses and the complainant if released.

Judge Deshpande, after hearing both sides and reviewing the record, noted that the investigation was complete, the charge sheet had been filed, and the medical report indicated that the complainant had suffered both simple and grievous injuries.

“On perusal of record, it appears that accused is husband of victim. The complainant was residing separately from him at her parents’ house. The previous bail application was rejected on 18/7/2022 on the ground that investigation is in progress and charge-sheet is yet to be filed. Now investigation is over and charge-sheet is already filed. Accused is arrested on 15/5/2022. Medical Report of complainant reveals that one injury is simple in nature and two are in grievous in nature. The prosecution has not prayed for further detention of the accused for further investigation. The apprehension of prosecution is only that, if the accused is released on bail, he will pressurize the prosecution witnesses and complainant. The apprehension of prosecution can be taken care of by imposing certain stringent conditions upon the applicant/accused.” Said Judge Deshpande.

The court granted Shaikh bail, ordering him to execute a personal bond of Rs. 30,000 with one or two local solvent sureties of the same amount. The court also imposed the following stringent conditions:

• Shaikh must not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case.
• Shaikh must not tamper with the evidence.
• Shaikh must remain present before the court on each and every date of the trial.
• Shaikh must not leave India without prior court permission.
• Shaikh must furnish his permanent and temporary addresses and contact details to the court.
• Shaikh must not change his residential address without prior intimation to the investigating officer and the court.
• Shaikh must not enter the house of the complainant or the area where she resides or works.
• Shaikh must not commit similar offenses in the future.
• Shaikh must file an undertaking that he will not cause any injury to the complainant.
• If Shaikh disobeys any of the above conditions, the prosecution is at liberty to move the court for cancellation of bail.

“The applicant Sameer Babu Ahmad Shaikh be released on bail for the offence punishable under section 307 of the Indian Penal Code vide crime No.284/2022 registered with Dongri Police Station, Mumbai on P.R. Bond of Rs.30,000/- with one or two local solvent sureties in like amount, on the following conditions: a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court. b) The applicant shall not tamper with the evidence. c) The applicant shall remain present before the Court on each and every date till the completion of trial. d) The applicant shall not leave India without permission of the Court. e) The applicant shall furnish his permanent address and temporary address, if any, and his contact details to the concerned Court. f) The applicant shall not change his residential address without prior intimation to the Investigation Officer and to the concerned Court. g) The applicant shall not enter the house of complainant and area where she resides/works. h) The applicant shall not commit similar type of offence in future. i) The applicant shall file undertaking that he will not cause any injury to her. j) If the applicant disobeyed any of the above condition, the prosecution is at liberty to move the Court for cancellation of bail.” Judge Deshpande ordered.

The order was dictated on October 15, 2022, transcribed on the same day, checked and corrected on October 17, 2022, signed on October 17, 2022, and uploaded on the same day, as certified by stenographer Mrunal S. Pendkhalkar.

This ruling highlights the judiciary’s approach in balancing the rights of the accused with the safety of the complainant and the integrity of the trial, particularly in cases involving domestic disputes and serious offenses like attempt to murder. The imposition of stringent conditions demonstrates the court’s effort to mitigate the potential risk posed by the accused while granting bail.