Mumbai, February 9, 2022 – Salman Jahangir Khan has been granted bail by the Sessions Court for Greater Bombay in an assault case, with a specific condition restricting his entry into the Mulund locality. Additional Sessions Judge R.M. Sadrani (Court Room No. 37) issued the order on February 8, 2022.
Khan was arrested in connection with C.R. No. 1007 of 2021, registered at the Mulund Police Station, for offenses under Sections 326 (voluntarily causing grievous hurt by dangerous weapons or means), 324 (voluntarily causing hurt by dangerous weapons or means), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace), 506 (criminal intimidation), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).
Background and Allegations:
The complainant, Yashwant Bhagwan Thakare, reported that his son Harshad and nephew Akash were assaulted by Khan and his friend Shubham with an iron rod in front of a tea stall in Mulund. The incident occurred on October 27, 2021, at approximately 6:00 p.m. The victims sustained injuries, including fractures.
Arguments Presented:
Advocate Anita Marbhal, representing Khan, argued that the victim had been discharged from the hospital and that the injuries might warrant charges under Section 324 rather than 326 of the IPC. She contended that Khan’s criminal antecedents should not be the sole ground for rejecting his bail application.
Additional Public Prosecutor (APP) Abhijeet Gondwal opposed the bail, citing the severity of the injuries, the use of an iron rod in the assault, and Khan’s extensive criminal record, which included eight prior offenses, many involving assault and illegal arms possession.
Court’s Reasoning and Decision:
Judge Sadrani noted the use of an iron rod in the assault and Khan’s demand for cigarettes, followed by the assault when refused. The court also acknowledged Khan’s extensive criminal record, indicating a pattern of violent behavior and a potential “terror” in the Mulund locality.
Considering that the investigation was complete, the charge sheet had been filed, and the offenses were triable by a Magistrate’s Court, the court decided to grant bail with specific conditions, including a restriction on Khan’s entry into the Mulund locality.
Bail Conditions:
Khan was granted bail upon executing a personal bond of Rs. 25,000 with one or two sureties of the same amount. The following conditions were imposed:
- Khan must provide his detailed address and phone number at the time of furnishing bail.
- Bail to be furnished before the Court attending remand.
- Khan must not enter the Mulund locality until the conclusion of the trial.
- Khan must not directly or indirectly influence, threaten, or promise any person connected with the case to dissuade them from disclosing facts to the court or police.
- Khan must not leave India without prior permission from the court.
Order Details:
The order was dictated on February 8, 2022, transcribed on February 9, 2022, and signed on February 9, 2022. The certified copy was uploaded on February 9, 2022, at 3:15 p.m.
This decision reflects the court’s consideration of the severity of the alleged offenses, the accused’s criminal record, and the need to balance the accused’s rights with the safety of the community. The locality restriction aims to mitigate the potential for witness intimidation and further offenses.