Mumbai, August 26th, 2022 – The Sessions Court for Greater Bombay has granted bail to Khaiyamuddin Moinuddin Sayyad @ Kayyam, a 32-year-old resident of Karjat, who was arrested in connection with an attempted murder case. The court, presided over by Additional Sessions Judge S.D. Kulkarni, allowed the bail application, considering the informant’s no-objection affidavit and the lack of injuries sustained by the alleged victim.
Sayyad was arrested in connection with C.R. No. 945 of 2022, registered at the Dharavi Police Station, involving charges under Sections 307 (attempt to murder), 504 (intentional insult with intent to provoke breach of the peace), 506(2) (criminal intimidation),1 3, 25, and 27 of the Arms Act 1951, and Section 142 of the Maharashtra Police Act 1951.
According to the prosecution, Sayyad, who is married to the informant’s daughter, allegedly demanded Rs. 40,000 from his wife, which she was keeping for him. During an altercation at the informant’s house on July 9th, 2022, he allegedly attempted to shoot his brother-in-law with a revolver or pistol, but the bullet missed. The prosecution also highlighted Sayyad’s extensive criminal record, including 16 prior offenses and a two-year externment order.
Sayyad’s defense, presented by Advocate Salunke, argued that he was falsely implicated due to strained relations with his wife. He emphasized his willingness to cooperate with the investigation and his permanent residence in Mumbai. He also cited precedents where bail was granted despite pending criminal cases against the accused.
Crucially, the informant herself filed an affidavit stating that she had lodged the report in a fit of anger and had no objection to Sayyad’s release on bail. Sayyad’s wife, the informant’s daughter, also filed an affidavit stating that Sayyad had no ill intentions towards her family.
Judge Kulkarni, in his order, acknowledged the informant’s affidavit and the lack of injuries sustained by the alleged victim.
“No one has sustained injury in this case only serious allegation against the applicant / accused that he fire on the son of the informant but no one sustained injury,” Judge Kulkarni stated. “Therefore, in my opinion applicant / accused is in custody since last one month. Informant had filed affidavit and submitted that she had lodged report due to anger and she has no objection to release him on bail. The wife of the applicant / accused also filed affidavit who is a daughter of informant. She also submitted that the applicant / accused have no ill intention against the informant and her family. Hence, in my opinion applicant / accused is entitled for release on bail.”
Consequently, the court granted bail to Khaiyamuddin Moinuddin Sayyad @ Kayyam, subject to the following conditions:
- Personal Bond (P.B.) and Surety Bond (S.B.): Sayyad must execute a P.B. and S.B. of Rs. 50,000/- with one or two sureties.
- No Tampering with Evidence: He must not tamper with prosecution witnesses or evidence.
- Police Attendance: He must attend the Dharavi Police Station twice a week, on Wednesdays and Saturdays, between 12:00 PM and 4:00 PM, until further orders.
- Provisional Cash Bail: He was granted four weeks to provide provisional cash bail of Rs. 50,000/-.
- Travel Restrictions: He must not leave India without prior court permission.
- Bail Before Trial Court: Bail will be executed before the Trial Court.
The court’s decision highlights the significance of the informant’s stance and the absence of injuries in granting bail, even in cases involving serious allegations and a criminal record. The Dharavi Police Station will continue its investigation.