Mumbai, Maharashtra – August 29, 2022 – Jalaluddin Shaikh, a resident of Govandi, Mumbai, has been granted bail by the Sessions Court in Greater Mumbai in connection with a serious assault case registered at Deonar Police Station. The court, presided over by Additional Sessions Judge Shri M.S. Kulkarni, cited procedural irregularities in the investigation and upheld the fundamental legal principle of “bail, not jail,” as established by the Supreme Court.

The case, registered as C.R.No.509/2022, involved allegations of grievous assault and intentional insult, bringing charges under Sections 326 and 504 of the Indian Penal Code. The incident, as alleged by the complainant, a childhood friend of Shaikh, painted a grim picture of escalating tensions culminating in a violent confrontation.

According to the First Information Report (FIR), the complainant alleged that on July 2, 2022, at approximately 5:00 a.m., he witnessed Shaikh committing theft of a mobile phone from a factory in the vicinity. He, along with his friends Raja Lightwala and Ajiz, reportedly saw Shaikh fleeing the scene, pursued by individuals from the factory.

The situation took a darker turn on July 3, 2022, at around 4:00 a.m., when Shaikh allegedly confronted the complainant near the 90ft wide road in Shivajinagar, Mumbai. The prosecution alleged that Shaikh implored the complainant to conceal the theft. Subsequently, he persuaded the complainant to join him for tea, leading him to Lotus Junction on the Ghatkopar-Mankhurd Link Road.

It was there, according to the complaint, that Shaikh allegedly launched a surprise attack, stabbing the complainant in the stomach with a sharp, pointed weapon. The injured complainant managed to push Shaikh away and rushed to the Shivajinagar Police Station, from where he was subsequently taken to Rajawadi Hospital.

Shaikh, who was arrested on July 6, 2022, and has been in custody since, vehemently denied the allegations, claiming he was falsely implicated. His legal representative, Advocate Ms. Puja Yadav (or Mr. Khamani), argued that significant procedural lapses had occurred in the investigation.

One key point of contention was the registration of the FIR at Deonar Police Station, despite the incident occurring within the jurisdiction of Shivajinagar Police Station, and the injured going to the Shivajinagar police station. Additionally, a gap of approximately four hours between the alleged incident and the registration of the FIR raised questions about the timeline and the veracity of the complaint. Also the defense argued about the absence of any named eye witnesses.

Furthermore, the defense highlighted the lack of any recovered incriminating material from Shaikh, beyond a recovered knife.

The prosecution, represented by Learned APP Mr. Ramesh Siroya, opposed the bail application, arguing that Shaikh posed a flight risk, as he was not a permanent resident of Mumbai, and that he could potentially intimidate witnesses. They also expressed concern that he may repeat the offense.

Judge Kulkarni, however, after a thorough review of the case diary and hearing arguments from both sides, determined that the prosecution’s objections were insufficient to justify Shaikh’s continued detention.

The court referenced the landmark Supreme Court ruling in Sanjay Chandra vs. Central Bureau of Investigation (2012 CRI.L.J.702), which established the principle that “bail is the rule, and committal to jail an exception.” Judge Kulkarni emphasized the importance of personal liberty under Article 21 of the Indian Constitution and stressed that detention should be based on necessity, not mere apprehension.

The court also noted that the medical documentation presented by the investigating officer did not indicate that the injured complainant was still suffering from critical injuries.

Consequently, Judge Kulkarni granted bail to Shaikh, imposing the following stringent conditions:

• A personal bond and surety bond of Rs. 30,000/-.
• A provisional cash security of Rs. 30,000/- for two months, pending the submission of the surety bond.
• A prohibition against fleeing from justice.
• A directive against tampering with evidence and a mandate for full cooperation with the investigation.
• A requirement to attend Mankhurd Police Station every Thursday between 10:00 a.m. and 11:00 a.m. until the charge sheet is filed.
• A prohibition against contacting the complainant or witnesses for one year.
• The execution of the bail before the trial court.

The court’s decision underscores the judiciary’s commitment to upholding individual liberties while ensuring the integrity of the legal process.