Mumbai, October 17, 2022 (Thane Location Insight): The Additional Sessions Judge, Mrs. Madhuri M. Deshpande (Court Room No. 41), at the Sessions Court for Greater Mumbai, has granted bail to Sameer Babu Ahmad Shaikh, a 30-year-old service professional, who was accused of attempting to murder his wife. Shaikh was booked under Section 307 of the Indian Penal Code (IPC) in C.R. No. 284 of 2022 registered at the Dongri Police Station.

The incident leading to the charges occurred on May 14, 2022, at the residence of the complainant, Sau. Shaien Sameer Shaikh’s parents. According to the complainant’s statement given while admitted to J.J. Hospital, she had married the accused in 2018. Alleging that the accused had developed addictions to liquor and drugs, she had moved to her parents’ house with their son. The accused had also gone to his village. On the night of the incident, the complainant stated that the accused, under the influence of alcohol, came to her parents’ house and insisted she return with him. When she refused unless he stopped his addictions, he allegedly threatened to kill her. Despite her continued refusal, the accused allegedly assaulted her with a wooden pestle and also took their son with him. The complainant sustained bleeding injuries as a result of the assault.

Sameer Shaikh sought bail under Section 439 of the Code of Criminal Procedure, 1973 (Criminal Bail Application No. 2060 of 2022). His defense, presented by his advocate Mr. R.V. Gupta, argued that he was a law-abiding citizen with deep roots in society and had been falsely implicated in a frivolous case. It was contended that the incident occurred during a heated argument between husband and wife and that the ingredients of the offence of ‘attempt to murder’ were not met. The application also highlighted that Shaikh had no prior criminal record, was the sole earning member of his family, and his continued detention since his arrest on May 15, 2022, amounted to pre-trial punishment. He expressed his willingness to cooperate with the police and abide by any conditions imposed by the court.

The prosecution, represented by Additional Public Prosecutor Mrs. Rajlaxmi Bhandari, opposed the bail application. Their submission (Exh.2) stated that the investigation was complete, and the charge-sheet had been filed. The statement of the victim under Section 164 of the Cr.P.C. had also been recorded. The prosecution argued that the accused had tried to kill the victim in a fit of anger and that if released on bail, he would likely pressurize the prosecution witnesses and the complainant. They also mentioned that the FSL (Forensic Science Laboratory) report was still pending.

After hearing the arguments and reviewing the record, Additional Sessions Judge Mrs. Madhuri M. Deshpande framed the following point for determination:

1. Whether the accused is entitled to bail?

The court answered this point in the affirmative, leading to the order for bail.

REASONS FOR GRANTING BAIL:

The court noted that the accused was the husband of the victim and that the complainant was residing separately at her parents’ house. A previous bail application had been rejected on July 18, 2022, because the investigation was still ongoing and the charge-sheet had not been filed. However, the court observed that the investigation was now complete, and the charge-sheet had been submitted. The accused had been in custody since May 15, 2022. While the medical report indicated that two of the injuries sustained by the complainant were grievous, one was simple in nature. Importantly, the prosecution did not seek further detention of the accused for additional investigation. The primary apprehension of the prosecution was the potential for the accused to pressurize witnesses and the complainant.

The court reasoned that this apprehension could be addressed by imposing stringent conditions on the applicant/accused. Considering that the investigation was complete, the charge-sheet was filed, and the trial was not expected to commence immediately, the court deemed it just and proper to grant bail with specific conditions.

ORDER:

1. Criminal Bail Application No. 2060 of 2022 is allowed.
2. 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 the complainant and the area where she resides/works. h) The applicant shall not commit a similar type of offence in the future. i) The applicant shall file an undertaking that he will not cause any injury to her. j) If the applicant disobeys any of the above conditions, the prosecution is at liberty to move the Court for cancellation of bail.
3. Criminal Bail Application No. 2060 of 2022 stands disposed of accordingly.

The order was dictated and transcribed on October 15, 2022, and signed by Additional Sessions Judge Mrs. Madhuri M. Deshpande on October 17, 2022. It was uploaded on the same day.

This case highlights the judiciary’s approach to bail in serious offences, balancing the need for justice with the individual’s right to liberty, especially when the investigation is complete and the trial is pending. The stringent conditions imposed aim to protect the complainant and witnesses while ensuring the accused’s presence during the trial.