Mumbai, Maharashtra – May 23, 2022 – Mohamad Mustaffa Rafiq Shaikh, a 25-year-old resident of Dharavi, has been granted bail in connection with an attempted murder case registered at Mahim Police Station (Crime No. 57 of 2022). The Additional Sessions Judge, Purushottam B. Jadhav, of the Sessions Court for Greater Mumbai, approved Shaikh’s bail application (Criminal Bail Application No. 1158 of 2022) after considering the completion of the investigation and the circumstances of the alleged offense.

Background of the Case:

Shaikh was arrested and charged under Section 307 read with 34 of the Indian Penal Code, which pertains to attempted murder with common intention. The prosecution opposed the bail application, citing concerns about potential witness tampering and non-cooperation from the applicant.

Key Arguments and Court’s Observations:

However, the court noted that the investigation in the case had been completed and the charge sheet had been filed. A crucial factor in the court’s decision was the observation made by the Hon’ble High Court while granting anticipatory bail to a co-accused in the same case. The High Court had noted that the First Information Report (FIR) indicated that the complainant had initially assaulted the co-accused, Swapnil, and Shaikh with a metal knuckle and a knife, and that Shaikh had retaliated by assaulting the complainant with a metal pipe.

Judge Jadhav emphasized that Shaikh had no prior criminal record and had been in custody since March 7, 2022. The court also took into account that the victim had been discharged from the hospital.

“It is not the case that the applicant has criminal antecedent. He is in custody since 07/03/2022. The investigation is already over and charge-sheet is also filed. The victim is already discharged from the Hospital. Considering all these facts and circumstances, I am of the opinion that this is a fit case for granting bail,” Judge Jadhav stated in his order.

Bail Conditions:

The court granted bail to Shaikh, subject to the following conditions:

• He must execute a Personal Recognizance (PR) bond of Rs. 20,000 with one or more sureties for the same amount.
• He must not tamper with witnesses or evidence.
• He must provide his detailed address, mobile/contact number, address proof, and identity proof at the time of furnishing bail.
• He must inform the court and the Investigating Officer of any change in his residence or mobile/contact number.
• He must attend court regularly.
• The bail must be furnished before the concerned Metropolitan Magistrate or, if the case is committed to the Sessions Court, before the Sessions Court.

Significance of the Ruling:

This ruling highlights the importance of considering the circumstances of the alleged offense, including claims of self-defense, and the completion of the investigation when deciding bail applications. The court’s reliance on the High Court’s observations regarding the complainant’s initial assault underscores the significance of the FIR and the need to consider all aspects of the case.

Future Proceedings:

With the investigation complete and the charge sheet filed, the case will now proceed to trial. The prosecution will be required to prove the charges against Shaikh and the co-accused beyond a reasonable doubt. The court will closely monitor Shaikh’s compliance with the bail conditions.