Date: January 10, 2024 Mumbai, Maharashtra – In a recent development, the Sessions Court in Greater Mumbai granted bail to two accused, Jakir Hussain Ghasi Khan and Ajahar Jakir Hussain Khan, who were charged with breaching traffic rules, assault, and other offenses. The accused had been arrested under the charges filed by Deonar Police Station (C.R. No. 682/2023) for offenses punishable under various sections of the Indian Penal Code (IPC) and the Motor Vehicles Act. The court, presided by Additional Sessions Judge A.S. Salgar, ruled in favor of their bail application on January 8, 2024, after hearing arguments from both parties.
Background of the Case
The incident involved the accused reportedly breaching traffic rules while driving a heavy vehicle on Ghatkopar to Mankhurd Link Road. The complaint filed by the police alleged that during a confrontation with the informant, Jakir Hussain allegedly slapped the informant. Following the complaint, Deonar Police arrested the two men under Sections 353 (assault or criminal force to deter a public servant from discharge of his duty), 323 (voluntarily causing hurt), 506 (criminal intimidation), 283 (danger or obstruction in public way), and 188 (disobedience to order duly promulgated by a public servant) of the IPC. Additionally, they were charged under Sections 119 and 177 of the Motor Vehicles Act.
Arguments and Justifications for Bail
The defense, led by Advocate Machindra Lavte, argued that the accused were falsely implicated and were not a threat to the investigation or to public safety. The defense further contended that there was no direct evidence linking the accused to any serious harm or obstruction, and emphasized that the defendants were willing to comply with any terms imposed by the court.
In contrast, the prosecution, represented by Advocate Mr. O.S. Maraskolhe, opposed the bail on the grounds that the accused were residents of another state (Madhya Pradesh), raising concerns that they might abscond or fail to appear for future court hearings.
Court’s Decision
Judge A.S. Salgar ruled in favor of granting bail, stating that the allegations against the accused did not include the use of any weapons, and no material evidence had been recovered from them. Additionally, the court noted that except for Section 353 (assault against a public servant), most other charges were bailable. Judge Salgar further commented that the investigation seemed to be complete, and there was no pressing need to keep the accused in custody.
Bail Conditions Imposed
To ensure compliance with legal procedures, the court imposed the following conditions for bail:
- Bail Bond: The accused must each furnish a Personal Recognizance (P.R.) bond of INR 15,000, along with local sureties of the same amount.
- Regular Reporting: The accused are required to report to Deonar Police Station every Sunday between 10:00 a.m. and 12:00 noon until the charge sheet is filed.
- Provision of Contact Information: The accused and their sureties must submit their residential addresses, contact numbers, and email addresses to the investigating officer and notify them of any changes.
- Non-Interference with Evidence: The accused are strictly prohibited from tampering with evidence, influencing witnesses, or attempting to dissuade anyone from testifying.
- Travel Restrictions: The accused are barred from leaving India without prior permission from the trial court.
- Risk of Bail Revocation: Any breach of the imposed conditions may lead to the immediate revocation of their bail.
Legal and Public Impact
This case raises significant discussions about judicial discretion, especially regarding cases involving non-residents of Maharashtra. While the prosecution argued about the risk of the accused absconding due to their out-of-state residence, the court dismissed this as an insufficient reason to deny bail, emphasizing the right to bail and presumption of innocence until proven guilty.
Conclusion
The court’s decision highlights the balance it aims to maintain between ensuring compliance with legal proceedings and respecting the defendants’ rights under the law. This bail ruling serves as a precedent in cases where accused persons from outside Maharashtra are involved, reinforcing the need for fair and unbiased judicial scrutiny in deciding matters of personal liberty. The accused are now set to remain out on bail, subject to adherence to the stringent conditions laid down by the court.
