Mumbai, Maharashtra – October 14, 2022 – A Mumbai Sessions Court has granted bail to Abdul Jabbar Shaikh, accused of attempted murder and other offenses, following the filing of the charge sheet in the case. The court, presided over by Additional Sessions Judge Anand Pandurang Kanade, granted bail subject to several conditions.
Shaikh was arrested in connection with Crime No. 57 of 2022, registered at Vikhroli Police Station, under sections 307 (attempt to murder), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace), and1 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC),2 as well as sections 37(1)(A) and 135 of the Maharashtra Police Act, and sections 4 and 27 of the Arms Act.
The prosecution alleged that on February 22, 2022, following a quarrel, Shaikh attacked Kasam Shaikh, the husband of the complainant, with a chopper and a stone, inflicting injuries on his head, hand, and back. The incident occurred in the Abdul Ansari Ground area of Tagore Nagar, Vikhroli (East), where both the accused and the victim resided.
Shaikh, through his advocate Mr. Atul Kakade, filed a bail application under Section 439 of the Code of Criminal Procedure, arguing that he had been falsely implicated in the case and that there was no prima facie evidence against him. He also contended that the charge sheet had been filed, and his further detention was unnecessary. He expressed willingness to abide by any conditions imposed by the court.
The prosecution, represented by Ld. Addl. P.P. Mrs. Veena Shelar, opposed the bail application, citing concerns for the safety of the complainant and the victim, as they resided in the same vicinity as the accused. They also argued that there was a possibility of the accused repeating the crime if released on bail.
After hearing both sides and reviewing the case records, Judge Kanade noted that the charge sheet had been filed, and the investigation was complete. He also acknowledged that the chopper and stone used in the alleged attack had been seized at Shaikh’s instance. Since his police custody period was over, the court found no grounds for his further detention.
“No ground is made out for further detention of the applicant/accused. He is permanent resident of address given in the application. For the aforesaid reasons, I am of view that application deserves to be allowed but on certain conditions,” Judge Kanade stated in the order.
Shaikh was granted bail on a personal bond and surety bond of Rs. 20,000 each. The court also permitted a cash security of Rs. 20,000 as a provisional measure for one month in lieu of the surety bond.
The court imposed several conditions, including:
- Submission of a list of at least three blood relatives with their addresses and employment details.
- Notification of any change of address by the accused or surety to the police and the court.
- Submission of copies of identification documents, such as PAN card, Aadhaar card, ration card, electricity bill, voter ID, or property documents.
- Physical verification of the accused’s residential address by the investigating officer.
- Prohibition against influencing witnesses or tampering with evidence.
- Restriction against leaving the territorial limits of Mumbai without the court’s permission.
- Prohibition against committing similar offenses.
The court emphasized that conditions 4 to 8 must be complied with before or simultaneously with the furnishing of the cash security or surety bond. The bail was granted before the Court of Metropolitan Magistrate.
This decision highlights the balance courts strive to maintain between individual liberty and public safety, particularly in cases involving serious offenses. The imposition of stringent conditions aims to ensure the accused’s compliance while safeguarding the interests of the complainant and the community.