Mumbai, July 22, 2022 – Karim Chand Sayyed, a 46-year-old man, has been granted bail by the Sessions Court in Mumbai in connection with an attempted murder case. Sayyed was arrested in connection with Crime No. 675/2021, registered at RCF Police Station, under Sections 307 (attempt to murder), 324 (voluntarily causing hurt by dangerous weapons or means) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code, Sections 3, 4, 25, and 27 of the Arms Act, and Sections 37(1) and 135 of the Mumbai Police Act.
The Allegations
According to the First Information Report (FIR), the complainant was standing near a building in Chembur when two individuals, Ajay Marimuttu Periswami @ Anna and Rahil Jamil Sayyed, assaulted him with a sword and a pistol. Ajay allegedly struck the complainant with the sword, while Rahil allegedly shot at him. Karim Chand Sayyed is accused of assisting Ajay and Rahil in fleeing from Mumbai to Pune and providing them with shelter in Pune after the incident.
Sayyed’s Defense and Arguments
Mr. Yash Vora, the learned Advocate for Sayyed, argued that his client was falsely implicated in the case and is a permanent resident of Mumbai. He also pointed out that Rahil Sayyed, one of the main accused, had been granted bail by the Learned Magistrate on June 28, 2022.
Prosecution’s Objections
Mrs. Raykar, the Additional Public Prosecutor (APP), strongly opposed the bail application. She argued that if granted bail, Sayyed might flee from justice and use firearms to endanger the complainant’s life.
Court’s Observations and Decision
Additional Sessions Judge Shri M.S. Kulkarni noted that Sayyed resides in Pune, as evidenced by his Aadhaar card. The court also acknowledged the order passed by the Learned Metropolitan Magistrate under Section 167(2)(a)(i) of the Criminal Procedure Code, granting bail to Rahil Sayyed due to the prosecution’s failure to file the charge sheet within the stipulated time. The prosecution had initially intended to invoke the Maharashtra Control of Organised Crime Act (MCOCA) against the accused, but the Commissioner of Police, Mumbai, denied permission.
Regarding Sayyed’s role, the court observed that he was accused of assisting the main accused in fleeing to Pune and providing them with shelter. Considering that he had been in custody since February 11, 2022, the court deemed it improper to keep him detained further based solely on this allegation.
“Only on this allegation it is not proper to keep applicant/accused behind bar for further period. He has already been in custody since 11.2.2022,” Judge Kulkarni stated in the order.
Bail Conditions
Sayyed was granted bail on a personal bond and surety bond of Rs. 25,000 with one or more sureties of the same amount. The court imposed the following conditions:
- A provisional cash security of Rs. 25,000 was allowed for two months, within which Sayyed must furnish the required sureties.
- He must provide a copy of his Aadhaar card and other documents proving his permanent address to the Investigating Officer.
- He must not misuse the bail, threaten prosecution witnesses, or pressurize them in any way.
- The bail process will be completed before the lower court.
The court’s decision reflects a consideration of the length of pre-trial detention, the role attributed to the accused, and the granting of bail to a co-accused. The conditions imposed aim to ensure Sayyed’s cooperation with the ongoing judicial process and prevent any interference.