Mumbai, April 15, 2024 – Shoaeb Maksood Ali Khan has been granted bail by the Sessions Court for Greater Bombay in a case involving the intentional burning of a child. Additional Sessions Judge S.M. Tapkire (Court Room No. 60) issued the order on April 8, 2024.
Khan was arrested in connection with C.R. No. 28 of 2024, registered at the Ghatkopar Police Station, for offenses under Section 326(B) (voluntarily throwing corrosive substance) of the Indian Penal Code (IPC).
Background and Allegations:
The prosecution alleged that on January 6, 2023, at 6:30 p.m., Khan, along with two co-accused, intentionally harmed an 11-year-old child, Ayub. Co-accused Farhan allegedly poured an inflammable substance on Ayub’s collar, and then Khan allegedly set him ablaze by throwing a lit matchstick, reportedly “just for enjoying.” The child sustained 25% superficial deep burn injuries and was hospitalized until March 10, 2024.
Arguments Presented:
- Applicant’s Argument (Khan):
- He was not actively involved in the alleged crime.
- The inflammable substance was not an acid, therefore Section 326(B) of the IPC does not apply.
- He is a young person, and the victim has been discharged from the hospital.
- The charge sheet has been filed.
- Prosecution’s Argument:
- Khan intentionally set the child ablaze, knowing it could cause severe injury.
- The child suffered serious injuries and was hospitalized for an extended period.
- Khan does not deserve to be released.
Court’s Reasoning and Decision:
Judge Tapkire considered the arguments and the evidence. The court noted:
- Khan and two co-accused are alleged to have intentionally harmed the child victim.
- The victim suffered serious injuries.
- The investigation is complete, and the charge sheet has been filed.
- While the allegations are serious, the court acknowledged that the trial would take time to conclude.
- Therefore, the court granted bail but imposed stringent conditions.
Bail Conditions:
Khan was granted bail upon furnishing a personal bond of Rs. 200,000 and one or two solvent sureties of the same amount. The following conditions were imposed:
- Khan must not tamper with prosecution witnesses or evidence.
- He must attend every trial date.
- He must not engage in any criminal activity.
- He must not leave India without prior court permission.
- He must provide his residential address proof and contact numbers to the police.
- Surety compliance must be made before the Trial Court.
- The Trial Court and Ghatkopar Police Station must be informed of the order.
Order Details:
The order was dictated and pronounced on April 8, 2024, and signed on April 15, 2024. The certified copy was uploaded on April 15, 2024, at 3:45 p.m.
This decision reflects the court’s consideration of the seriousness of the allegations, the completion of the investigation, and the imposition of stringent conditions to ensure Khan’s cooperation and prevent potential interference with the legal process.