Mumbai, Maharashtra – January 20, 2022 – Muzamil Abdul Rahim Shaikh, a 20-year-old resident of Mahim, Mumbai, has been granted bail by the Sessions Court for Greater Mumbai in connection with an assault and obstruction case registered at the Mahim Police Station.

Background of the Case:

Shaikh was arrested and charged under sections 353 (assault or criminal force to deter public servant from discharge of his duty), 323 (voluntarily causing hurt), 506 (criminal intimidation) of the Indian Penal Code (IPC), and section 142 of the Maharashtra Police Act. The case was registered as C.R. No. 608/2021.

Arguments Presented:

Shaikh, through his advocate Unmesh Breed, filed a bail application, arguing that the offenses were not punishable with imprisonment for more than seven years.

The prosecution, represented by Additional Public Prosecutor (APP) J.N. Suryawanshi, opposed the bail application, citing the possibility of witness tampering and Shaikh absconding. However, they did not provide any supporting material for these claims.

Court’s Decision and Rationale:

Additional Sessions Judge Purushottam B. Jadhav granted bail to Shaikh. The court noted that the offenses were not punishable with imprisonment for more than seven years. The court also observed that Shaikh’s custodial interrogation was complete, he was arrested on December 24, 2021, and he was a permanent resident of Mumbai.

The court further noted that Shaikh had not jumped bail in two previous cases registered against him and had not tampered with any witnesses in those cases. Considering the nature of the offenses and these facts, the court found it just and proper to release Shaikh on conditional bail.

Bail Conditions Imposed:

The court granted bail to Muzamil Abdul Rahim Shaikh on the following conditions:

• Personal Bond and Surety: He must execute a personal bond of Rs. 15,000 with one surety of the same amount.
• No Tampering with Witnesses and Evidence: He must not tamper with witnesses and evidence.
• Address and Contact Information: He must furnish his detailed address, mobile/contact number, address proof, and identity proof at the time of furnishing bail.
• Notification of Changes: In case of a change in his residence or mobile/contact number, he must inform the court and the investigating officer.
• Regular Court Attendance: He must attend the court regularly.
• Cooperation with Investigation: He must cooperate with the investigating officer.
• Police Station Attendance: He must attend the concerned police station as required by the investigating officer.
• Bail Execution: The bail must be furnished before the concerned Metropolitan Magistrate. If the case is committed to the Sessions Court, the bail must be furnished before that court.

Significance of the Decision:

This decision highlights the court’s consideration of the severity of the offenses, the accused’s background, and the progress of the investigation when deciding on bail applications. By granting bail with specific conditions, the court aimed to balance the accused’s rights with the need to ensure his presence during the trial and prevent any interference with the legal process. The court also took into account the fact that the accused had not jumped bail in previous cases.