Mumbai, April 25, 2022 – The Additional Sessions Judge Shri B.V. Wagh granted bail to 22-year-old Mohd. Saddam Hussain Irshad Shaikh in an assault case registered at Antop Hill Police Station. The decision, delivered on April 25, 2022, was based on the court’s assessment of Shaikh’s minimal role in the alleged assault and the progressed stage of the investigation.

Shaikh, a resident of Antop Hill, Mumbai, was arrested in connection with Crime No. 64/2022, which involved charges under Sections 326 (voluntarily causing grievous hurt by dangerous weapons or means), 324 (voluntarily causing hurt by dangerous weapons or means), 504 (intentional insult with intent to provoke breach of the peace), 506 (criminal intimidation), read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).

According³ to the prosecution, on March 15, 2022, the complainant, Nurul Haq Firdos Shaikh, reported that the accused and his associates demanded money for liquor. Upon refusal, they allegedly assaulted him. Co-accused Aftab allegedly inflicted a grievous head injury with an iron rod, while Shaikh allegedly assaulted him on the back with a bamboo stick.

Shaikh, through his advocate Mr. Ashwin Bhagwat, sought bail under Section 439 of the Criminal Procedure Code (CrPC). The prosecution, represented by Additional Public Prosecutor (APP) Ms. Jyotsana Gawali, opposed the application.

During the hearing, Judge Wagh reviewed the investigation papers and noted that co-accused Aftab was the primary assailant, having inflicted the grievous head injury with an iron rod. Shaikh was alleged to have used a bamboo stick. The court also noted that the injured complainant had been discharged from the hospital on March 19, 2022, and that the bamboo stick had been recovered from Shaikh during police custody.

Judge Wagh observed that the investigation concerning Shaikh had progressed significantly and that no criminal antecedents were demonstrated against him. Considering the nature of the allegations, Shaikh’s minimal role, and the stage of the investigation, the court found that further detention was unwarranted.

“On going through the investigation papers, it indicates that main culprit Aftab has inflicted iron rod on the head of the informant, wherein he sustained grievous injury at left parietal region. The applicant is alleged to have inflicted bamboo stick. The injured is discharged from hospital on 19.03.2022. The applicant is arrested on 24.03.2022 and after going through initial police custody, he is brought back to judicial custody and since then he is behind bar. During the police custody, bamboo stick is recovered from him. The investigation in respect of the applicant is considerably progressed,” Judge Wagh stated in his order.

Addressing the prosecution’s concerns about Shaikh potentially re-offending if released, the court decided to grant bail with stringent conditions.

“The Ld. Prosecutor expressed her anguish that if the applicant is released on bail, he would again indulge in similar occurrence. Considering the anguish expressed by the prosecutor and the stage of investigation, applicant is released on bail on certain conditions,” Judge Wagh noted.

Consequently, the court granted Shaikh bail, ordering him to furnish a personal bond of Rs. 15,000 along with a surety of the same amount. The court also imposed several conditions, including:

• Providing his residential address proof and contact numbers to the Investigating Officer.
• Marking his attendance at Antop Hill Police Station on the first Monday of each month between 11:00 AM and 2:00 PM until the filing of the charge sheet.
• Not directly or indirectly inducing, threatening, or promising any person acquainted with the facts of the case.
• Not leaving India without prior court permission.

The order, dictated, transcribed, and signed on April 25, 2022, was uploaded at 4:45 PM on the same day, as certified by stenographer Prajwala V. Phodkar.

This ruling highlights the judiciary’s consideration of individual roles in multi-accused cases and the importance of assessing the progress of investigations when deciding bail applications. It also underscores the court’s role in balancing the rights of the accused with the imperatives of law enforcement.