Mumbai, July 22, 2022 – Jafar Adil Shaikh, a 24-year-old resident of Govandi, Mumbai, has been granted bail by the Sessions Court in connection with an assault case involving attempted murder. Shaikh was arrested in connection with Crime No. 658/2022, registered at Shivaji Nagar Police Station, under Sections 307 (attempt to murder), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace), and 506 (criminal intimidation)¹ read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code.²

The Allegations

According to the First Information Report (FIR), Shaikh, his accomplice, and the complainant’s family reside in the same locality. On June 14, 2022, at around 10:00 AM, Shaikh allegedly demanded cigarettes on credit from the complainant’s father, who runs a pan stall. Upon denial, Shaikh allegedly abused him, punched him, took a cigarette, and left. Later, at around 2:00 PM, Shaikh and his accomplice returned to the stall. The accomplice allegedly used a cricket bat to assault the complainant’s father, while Shaikh used a bamboo stick to hit him on the head and back. The complainant’s father sustained serious injuries, including a bleeding head wound and mouth injuries, and was admitted to Swastik Hospital in Chembur, where he was placed in the ICU for 10 days.

Shaikh’s Defense and Arguments

Shaikh, represented by Advocate Zaid Siddiqui, sought bail on the grounds that there was no previous enmity between him and the complainant’s family. He also argued that the investigation was nearing completion and that no incriminating evidence was recovered from him.

Prosecution’s Objections and Concerns

The prosecution, represented by APP Mrs. Raykar, opposed the bail application, citing the severity of the complainant’s father’s injuries and his 10-day stay in the ICU. The prosecution also expressed concerns that Shaikh might pressurize the complainant’s family or flee from justice.

Court’s Observations and Bail Grant

The Additional Sessions Judge, Shri M.S. Kulkarni, noted that Shaikh had been in custody since June 14, 2022, and that both parties resided in the same locality. The court also acknowledged that while the complainant’s father had been in the ICU, he was now recovering and conducting his business.

The court addressed the prosecution’s concerns about potential pressure and flight risk by imposing stringent bail conditions.

“Admittedly the first informant and the applicant/accused are residing in same locality, so the applicant/accused may pressurize the first informant and his father, but some conditions are put on the applicant/accused, the interest of the first informant, his father and state will be protected,” Judge Kulkarni stated in the order.

Bail Conditions

Shaikh was granted bail on a personal bond and surety bond of Rs. 50,000 each, with one or two sureties of the same amount. The court also allowed a provisional cash security of Rs. 50,000 each 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 9:00 AM and 11:00 AM until the charge sheet is filed.
• The bail process will be completed before the lower court.

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