Mumbai, August 8, 2022 – Mohd. Akbar Akram Shaikh has been granted bail by the Sessions Court in Mumbai in connection with an assault case. Shaikh was arrested in connection with Crime No. 255/2022, registered at Nehru Nagar Police Station, for offenses under Sections 323 (voluntarily causing hurt), 324 (voluntarily causing hurt by dangerous weapons or means), 326 (voluntarily causing grievous hurt by dangerous weapons¹ or means), 506 (criminal intimidation), read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code² (IPC).

The Allegations

According to the First Information Report (FIR) filed by Hasan Rafiq Sayyed, on April 26, 2022, at around 3:30 a.m., he witnessed an altercation between his friends Asif and Javed and the applicant, Mohd. Akbar Akram Shaikh, and his accomplice, Kallu. Shaikh allegedly bit Javed’s cheek and Asif’s thumb, and also stabbed Asif in the back and Sayyed in the chest and hand.

Shaikh’s Defense and Arguments

Mr. Sushrut Jadhwar, representing Shaikh, argued that his client was falsely implicated. He stated that the weapon had been recovered and nothing further was required from Shaikh. He also expressed Shaikh’s willingness to abide by any conditions imposed by the court.

Prosecution’s Objections

Mr. Ramesh Siroya, the Additional Public Prosecutor (APP), opposed the bail application, arguing that if released, Shaikh might commit similar offenses, pressurize witnesses, and flee from justice.

Court’s Observations and Decision

Additional Sessions Judge M.S. Kulkarni considered the submissions and the documents on record. The court noted discrepancies in the prosecution’s claims regarding the severity of injuries. While the prosecution claimed grievous injuries, the medical certificates indicated simple injuries. The court also observed that the investigation was complete and the victims had been discharged from the hospital.

The court referenced the Supreme Court’s judgment in Sanjay Chandra v. Central Bureau of Investigation, emphasizing the principle of “bail not jail.” The court highlighted that the object of bail is to secure the accused’s presence at trial, not to punish them. It also noted that deprivation of liberty before conviction is considered punishment and should be avoided unless necessary to ensure the accused’s appearance.

“In bail applications, generally, it has been laid down from the earliest times that the object of bail is to be secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative,” Judge Kulkarni stated, quoting the Supreme Court judgment.

The court concluded that since Shaikh had been in custody for over a month and stringent conditions could safeguard the prosecution’s concerns, bail should be granted.

Bail Conditions

Shaikh was granted bail on a personal bond and surety bond of Rs. 30,000 each. The court imposed the following conditions:

• Provisional cash security of Rs. 30,000 is allowed for two months, during which Shaikh must furnish the surety bonds.
• He shall not flee from justice.
• He shall not tamper with evidence and shall cooperate with the investigation.
• He shall attend Nehru Nagar Police Station every Monday between 10:00 a.m. and 11:00 a.m. until the filing of the charge sheet.
• Bail before the Lower Court.

Key Points

• “Bail Not Jail” Principle: The court emphasized the importance of granting bail unless there are strong reasons to deny it.
• Discrepancies in Injuries: The court noted discrepancies between the prosecution’s claims and the medical reports regarding the severity of injuries.
• Completed Investigation: The court observed that the investigation was complete.
• Stringent Conditions: The court imposed stringent conditions to address the prosecution’s concerns about witness tampering and flight risk.
• Victim’s Medical Reports: The medical reports of the victims were considered by the judge.