Mumbai, August 18, 2022 – Irshad Imtiyaz Shaikh, a 22-year-old resident of Govandi, Mumbai, has been granted bail by the Sessions Court in connection with an attempted murder case. Shaikh was arrested in connection with Crime No. 731/2022, registered at Shivaji Nagar Police Station, under Sections 307 (attempt to murder), 504 (intentional insult with intent to provoke breach of the peace), and¹ 506 (criminal intimidation) of the Indian Penal Code,² and Section 37(1)(a) and 135 of the Maharashtra Police Act.

The Allegations

According to the First Information Report (FIR), the complainant, a carpenter, was sitting with his friend Ikrar Shaikh on the platform of his house on July 6, 2022, when Irshad Shaikh approached them. Irshad demanded Rs. 300, which he claimed he had given to Ikrar. When Ikrar was unable to pay, Irshad allegedly began abusing him. When the complainant intervened and asked Irshad to stop, he allegedly took out a knife and stabbed the complainant in the right chest before fleeing the scene. The complainant was admitted to Shatabdi Hospital and later transferred to Sion Hospital, where he filed the FIR.

Shaikh’s Defense and Counter-Allegations

Irshad Shaikh sought bail on the grounds of false implication, arguing that the FIR was fabricated and manipulated. He claimed that on the day of the incident, the complainant and his associates had come to his house and assaulted him. He also argued that the complainant had been discharged from the hospital and was out of danger.

Prosecution’s Objections and Medical Reports

The prosecution opposed the bail application, arguing that Irshad Shaikh and the complainant were known to each other, and if released, he might commit further offenses, tamper with evidence, or flee from justice. The prosecution also initially claimed that the complainant was still facing serious health issues despite being discharged from the hospital.

However, medical documents submitted by the Investigating Officer (IO) revealed that after being discharged from Sion Hospital on July 18, 2022, the complainant had started receiving treatment from Dr. Deepa Oswal. A report dated July 27, 2022, from Dr. Vikas indicated that the complainant was feeling much better and had no serious complaints. The IO’s report also suggested that the investigation was nearing completion.

Court’s Observations and Bail Grant

The Additional Sessions Judge, Shri M.S. Kulkarni, noted that the medical reports did not support the prosecution’s claim of ongoing serious health issues for the complainant. The court also observed that the investigation was nearing completion and that the grounds for opposing bail were general apprehensions without specific evidence.

The court referred to the principles laid down by the Hon’ble Supreme Court in Sanjay Chandra vs. Central Bureau of Investigation, emphasizing that bail is the rule and jail is the exception. The court stressed the importance of personal liberty and the presumption of innocence until proven guilty.

“All these grounds cannot be taken to deny the bail to the applicant/accused which is his right,” Judge Kulkarni stated in the order.

Bail Conditions

Irshad Shaikh was granted bail on a personal bond and surety bond of Rs. 50,000 with one or more sureties of the same amount. The court also allowed a provisional cash security of Rs. 50,000 for two months, within which Shaikh must furnish the required sureties.

The court imposed the following conditions:

• Shaikh must not flee from justice.
• He must not tamper with evidence and must cooperate with the investigation.
• He must attend Shivaji Nagar Police Station every Monday and Tuesday between 10:00 AM and 11:00 AM until the charge sheet is filed.
• He must not visit the complainant’s house for one year.
• The bail process will be completed before the trial court.

The court’s decision reflects the balancing of the seriousness of the offense with the individual’s right to liberty and the need to ensure a fair trial. The stringent conditions imposed aim to mitigate the prosecution’s concerns and ensure the accused’s cooperation with the judicial process.