Mumbai, February 4, 2022 – Rizwan Hasamuddin Sawat, a 20-year-old resident of Govandi, Mumbai, has been granted bail by the Sessions Court for Greater Bombay in an assault and Arms Act case. Additional Sessions Judge G.B. Gurao (Court Room No. 17) issued the order on January 27, 2022.

Sawat was arrested in connection with C.R. No. 809/2021, registered at the Deonar Police Station, for offenses under Sections 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace), 506(II) (criminal intimidation),¹ 427 (mischief causing damage to the amount of fifty rupees or upwards) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC), Sections 4 and 27 of the Arms Act, and Sections 37(1) and 135 of the Maharashtra Police Act.

Background and Allegations:

The complainant, Ovesh, alleged that on December 22, 2021, Sawat asked him to go to his house. When Ovesh refused, Sawat allegedly abused and assaulted him. Later, Sawat returned with two friends, carrying a sword, and damaged a motorcycle on the road.

Arguments Presented:

• Applicant’s Argument:
  • Sawat is innocent and did not commit any crime.
  • He did not carry a sword.
  • He has been falsely implicated.
  • He is a permanent resident and will abide by all conditions.
• Prosecution’s Argument:
  • Sawat is a habitual offender.
  • He will abscond if released on bail.

Court’s Reasoning and Decision:

Judge Gurao reviewed the application and the prosecution’s reply. He noted that while Sawat was accused of threatening, abusing, and assaulting the complainant, no weapon was seized from him. Given that he was in judicial custody and his custodial interrogation was not necessary, and that he agreed to abide by the courts conditions, the court granted bail.

Bail Conditions:

Sawat was granted bail upon furnishing a personal bond of Rs. 20,000 with one or more sureties of the same amount. The following conditions were imposed:

• He must attend the concerned police station as and when required by the investigating officer.
• He must not pressurize prosecution witnesses.
• He must not commit any offense while on bail.
• He must furnish his correct address to the investigating officer.
• He was given a provisional cash bail of Rs. 20,000 for a period of four weeks.
• Bail to be furnished before the Magistrate.

Order Details:

The order was dictated on January 27 and 28, 2022, transcribed on February 3, 2022, and signed on February 4, 2022. The certified copy was uploaded on February 4, 2022.

This decision reflects the court’s consideration of the lack of weapon seizure, the completion of custodial interrogation, and the imposition of conditions to ensure Sawat’s cooperation and prevent potential interference with the legal process.