Mumbai, Maharashtra – May 20, 2022 – Mohammad Jalil Mohammad Islam, a 50-year-old driver, has been granted bail in connection with an assault case registered at R.C.F. Police Station (Crime No. 674 of 2021). The Additional Sessions Judge, G.B. Gurao, of the Sessions Court for Greater Bombay, approved Islam’s bail application (Criminal Bail Application No. 1088 of 2022) after considering the completion of the investigation and the nature of the alleged assault.

Background of the Case:

Islam was arrested and charged under Sections 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 506(2) (criminal intimidation), 504 (intentional insult with intent to provoke breach of the peace), read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code.¹ The prosecution opposed the bail application, citing the seriousness of the offense and the applicant’s permanent residence in Uttar Pradesh, raising concerns about potential absconding.

Defense Arguments and Court’s Observations:

Mr. Gaurav Bhavnani, representing Islam, argued that his client was innocent and had not committed any crime. He emphasized that the complainant had sustained simple injuries and had been discharged from the hospital. The defense pointed out that the alleged weapon used in the assault, a hockey stick, was not a deadly weapon. Furthermore, the investigation had been completed, and a charge sheet had been filed. Islam was ready to abide by any conditions imposed by the court.

Judge Gurao, after reviewing the charge sheet, acknowledged that Islam had allegedly assaulted the complainant with a hockey stick. However, the court also noted that the complainant had been discharged from the hospital. Islam, a tanker driver with a clear criminal record, had undertaken to comply with any conditions set by the court.

“Admittedly, complainant is discharged from the hospital. Accused is Tanker­driver. His antecedents are clear and he undertakes to abide by the conditions, if any imposed by the Court. Therefore, he is entitled for bail,” Judge Gurao stated in his order.

Bail Conditions:

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

• He must execute a Personal Recognizance (PR) bond of Rs. 25,000 with one or more sureties for the same amount.
• He must attend all court hearings regularly unless exempted by the court.
• He must be released on provisional cash bail of Rs. 25,000 for a period of four weeks.
• The bail must be furnished before the Learned Magistrate.

Significance of the Ruling:

This ruling underscores the importance of considering the nature of the alleged offense, the severity of the injuries sustained, and the completion of the investigation when deciding bail applications. The court also took into account the applicant’s clear criminal record and willingness to comply with court conditions.

Key Factors in the Bail Grant:

• Completion of the investigation and filing of the charge sheet.
• The complainant’s discharge from the hospital with simple injuries.
• The nature of the alleged weapon (hockey stick) not being inherently deadly.
• Islam’s clear criminal record and undertaking to abide by court conditions.

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 Islam beyond a reasonable doubt. The court will closely monitor Islam’s compliance with the bail conditions.