Mumbai, April 1, 2024 – Ismail Shaikh’s application for bail has been rejected by the Sessions Court for Greater Mumbai in connection with an alleged assault involving a sword. The order, issued by Additional Sessions Judge A.A. Kulkarni in Court Room No. 22, pertains to Criminal Bail Application No. 603 of 2024.

Shaikh was arrested in connection with Crime No. 40/2024, registered at Mankhurd Police Station, for offenses punishable under Sections 307 (attempt to murder), 504 (intentional insult with intent to provoke breach of the peace), 506(ii) (criminal intimidation), of the Indian Penal Code, and Sections 37(1)(a) and 135 of the Bombay Police Act, 1959.

In his bail application, Shaikh, represented by Advocate Sharif Shaikh, claimed innocence and false implication. He argued that he was not assigned any specific role in the alleged offense and that there were no allegations of him assaulting the complainant with the intent to commit murder. He also highlighted that nothing was seized from him.

The prosecution, represented by Additional Public Prosecutor J.N. Suryawanshi, opposed the bail, stating that Shaikh and other accused had assaulted the complainant with deadly weapons, including a sword, causing injuries. They also pointed to Shaikh’s criminal antecedents and his alleged absconding after the incident, raising concerns about potential witness tampering and evidence manipulation.

Judge Kulkarni, after reviewing the First Information Report (FIR) and hearing arguments from both sides, noted that the complainant, a vice president of the Republic Party of India (Athavale Group) of North Mumbai, alleged that he was attacked after confronting individuals involved in narcotics and tobacco sales.

The complainant stated that on February 8, 2024, he and his friends were attending a religious program when they were confronted by Ashfak Khan alias Babbu, Rashid Jagga, Faisal Siddiqui alias Nagori, and Ismail Shaikh, who used abusive language. Later, as the complainant and his friends were returning home, Ashfak Khan allegedly attacked him with a sword, and Rashid Jagga, Faisal Siddiqui, and Ismail Shaikh allegedly assaulted him with bamboo sticks, causing injuries to his head, shoulder, and leg.

“Investigation is in preliminary stage. All accused are yet not arrested. In such circumstance, I am of the opinion that taking into consideration nature of offence proper opportunity is required to be given to the prosecution for the purpose of investigation,” Judge Kulkarni stated in his order.

The court emphasized that the presence of the applicant might be required for further investigation and that the investigation was still in its preliminary stages. Therefore, the court concluded that the bail application was not tenable at this stage.

“Presence of applicant may be required during investigation for the purpose of further investigation. Hence, application is filed by applicant at this stage is not tenable,” Judge Kulkarni stated.

The court rejected the bail application, citing the ongoing investigation and the seriousness of the alleged offenses. This decision underscores the court’s consideration of the need to allow the prosecution sufficient time to complete its investigation and ensure the presence of the accused during the process.