Mumbai, Maharashtra – May 9, 2022 – Salman Ahmed Shaikh has been granted bail in an assault case registered at BKC Police Station (C.R. No. 11 of 2022). The Additional Sessions Judge, M.G. Deshpande, of the Sessions Court for Greater Bombay, approved Shaikh’s bail application (Bail Application No. 958 of 2022) citing the filing of the chargesheet and the conclusion that further detention was unnecessary.
Background of the Case:
Shaikh was arrested and charged in connection with an assault incident. This was his second bail application.
Allegations and Arrest:
According to the FIR lodged by Wasim Ali Qureshi, on January 23, 2022, his family went for dinner. While returning around 1:30 AM on January 24, 2022, a quarrel erupted when some individuals, including Shaikh, made comments towards the women in Qureshi’s family. The altercation escalated, and Shaikh allegedly tightened a silver chain around Qureshi’s neck, causing him to fall. Other accused also allegedly assaulted Qureshi’s brother and maternal uncle. The accused also allegedly damaged Qureshi’s car.
Defense Arguments:
Mr. Karl P. Rustomkhan, representing Shaikh, argued that the investigation was complete, and the chargesheet had been filed. He emphasized that Shaikh had already undergone police custody remand for the recovery of weapons and was now in judicial custody. He argued that keeping Shaikh in custody for an uncertain period would cause great inconvenience to his family, as he was the breadwinner.
Prosecution’s Counter-Arguments:
Mrs. Rashmi Tendulkar, the Additional Public Prosecutor (APP), opposed the bail application, arguing that:
- Shaikh and the complainant were relatives residing in the same area, raising the possibility of further quarrels.
- The incident had caused tension in the area, and Shaikh’s release could create law and order problems.
- Shaikh did not have a firm residential address, raising the possibility of him absconding.
Court’s Observations and Decision:
Judge Deshpande noted that the previous bail application had been rejected on February 16, 2022. However, he also noted that the chargesheet had now been filed and that Shaikh had already undergone police custody remand. He concluded that no further recovery of weapons was necessary.
“I am of the opinion that, considering the punishment for offence under Sec.307 IPC, if certain conditions are imposed on the accused same will safeguard all objections raised by the prosecution. At the cost of repetition, I am of the opinion that everything required during the course of investigation is over. Keeping accused behind bars for uncertain period will cause great inconvenience to his family, as he is the bread winner of his family. Hence, I hold that applicant has made out strong primafacie case,” Judge Deshpande stated in his order.
The court granted bail to Shaikh, concluding that the objections raised by the prosecution could be addressed through specific bail conditions.
Bail Conditions:
The court granted bail to Shaikh, subject to the following conditions:
- He must execute a Personal Recognizance (PR) bond of Rs. 30,000 and a surety bond of the same amount.
- He must not pressurize the complainant, his relatives, or the prosecution witnesses.
- He must not tamper with the prosecution evidence.
- He must attend all court dates.
- He must not leave India without prior permission from the court.
- He was permitted to furnish provisional cash security of Rs. 30,000 for two months, along with the PR bond.
- Bail must be furnished before the Learned Court of First Instance.
Significance of the Ruling:
This ruling highlights the court’s consideration of the filing of the chargesheet and the completion of the investigation when deciding bail applications. The court’s decision underscores that in cases where the investigation is complete and the accused has been in custody, bail can be granted with appropriate conditions to ensure the accused’s presence and prevent witness tampering.
Key Factors in the Bail Grant:
- Filing of the chargesheet.
- Completion of the police custody remand.
- Shaikh’s judicial custody.
- Conditions to ensure Shaikh’s presence and prevent witness tampering.
Future Proceedings:
The trial will proceed in the Court of First Instance. The prosecution will be required to prove the charges against Shaikh and the other accused beyond a reasonable doubt. The court will monitor Shaikh’s compliance with the bail conditions.