Mumbai, March 18, 2024 – Faiyaz Sharfuddin Shaikh has been denied bail by the Sessions Court for Greater Bombay in an attempted murder case. Additional Sessions Judge S.B. Pawar (Court Room No. 58) issued the order on March 16, 2024.

Shaikh was arrested in connection with FIR No. 95 of 2024, registered at the Dharavi Police Station, for offenses under Sections 307 (attempt to murder), 34 (acts done by several persons in furtherance of common intention), and 120-B (criminal conspiracy) of the Indian Penal Code (IPC).¹

Background and Allegations:

The complainant, Hasnain Rauf Shaikh, reported that on February 4, 2024, his brother Jamshed was assaulted with an iron rod on his head while walking towards his shop. The complainant alleged that Faiyaz Shaikh, along with his brother Altaf Shaikh and father Sarfuddin Shaikh, were responsible for the assault.

Arguments Presented:

Advocate Dipika Gupta, representing Faiyaz Shaikh, argued that he was not involved in the offense and was in his shop at the time. She claimed there was no concrete evidence to support the charge of attempted murder and suggested that the victim might have been assaulted by others due to existing enmity. She also highlighted previous FIRs and cross-FIRs between the families, implying false implication.

Additional Public Prosecutor (APP) Sulbha Joshi, representing the State, opposed the bail, arguing that Faiyaz Shaikh had conspired with others to commit the offense. She emphasized the seriousness of the offense, the possibility of witness tampering, and the risk of Faiyaz Shaikh absconding or repeating the offense. She also noted that other co-accused were yet to be arrested.

Court’s Reasoning and Decision:

Judge Pawar considered the submissions from both sides and reviewed the FIR and the investigating officer’s (IO) reply. While the FIR initially suggested a direct assault by Faiyaz Shaikh and his family, the IO’s investigation revealed a criminal conspiracy.

The IO’s reply indicated that Faiyaz Shaikh and his brother had engaged others to commit the assault, agreeing to pay them Rs. 1,00,000. It was also revealed that Faiyaz Shaikh had paid Rs. 20,000 to co-accused Dilshad and was in contact with the assailants during the incident, providing instructions.

The court emphasized the seriousness of the offense, the ongoing investigation, and the prima facie evidence of Faiyaz Shaikh’s involvement in the criminal conspiracy. Despite the alleged family rivalry, the court found no basis to conclude that the case was falsely filed with ulterior motives.

Considering the gravity of the offense and the stage of the investigation, the court denied bail.

Decision:

The court rejected Faiyaz Shaikh’s bail application.

Order Details:

The order was dictated and directly typed on March 16, 2024, and signed on March 18, 2024. The certified copy was uploaded on March 18, 2024, at 4:55 p.m.

This decision reflects the court’s consideration of the seriousness of the offense, the prima facie evidence of criminal conspiracy, the ongoing investigation, and the risk of witness tampering and absconding.