Mumbai, March 28, 2022 – Sohail Ahmed Hussain Shaikh has been granted bail by the Sessions Court for Greater Bombay in a murder case. Additional Sessions Judge U.M. Padwad (Court Room No. 30) issued the order on March 25, 2022.

Shaikh was arrested in connection with C.R. No. 605/2021, registered at the Chuna Bhatti Police Station, for offenses under Sections 302 (murder), 201 (causing disappearance of evidence of offense, or giving false information to screen offender), and¹ 202 (intentional omission to give information of offense by person bound to inform) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).

Background and Allegations:

The prosecution alleged that the deceased could have been saved with timely medical assistance. However, their primary allegation was that co-accused Moin strangulated the deceased. Shaikh was accused of removing the deceased to a godown instead of providing medical assistance.

Arguments Presented:

Advocate Imran Shaikh represented the applicant, while APP D.M. Lade represented the respondent (State). Advocate Rukshar Shaikh appeared as an intervener.

Court’s Reasoning and Decision:

Judge Padwad noted that the prosecution’s case primarily focused on Moin strangulating the deceased. There was no evidence to suggest that Shaikh assaulted the deceased or shared Moin’s intention.

The court considered the statement of Mohd. Shakil, the deceased’s brother, who stated that the deceased was addicted to vices and often slept in co-accused Shahnawaz’s godown. Considering that a marriage ceremony was ongoing in the vicinity at the relevant time, the court found Shaikh’s claim that he moved the deceased to the godown under the impression that he was under the influence, as usual, to be probable and acceptable.

The court stated that Shaikh’s act of moving the deceased, instead of providing medical assistance, could at most be considered negligence. However, there was no evidence to indicate that Shaikh intended to commit murder or shared such an intention with Moin.

Considering these circumstances, the court deemed Shaikh’s further detention unnecessary and granted him bail.

Bail Conditions:

Shaikh was granted bail upon furnishing a personal bond (P.B.) and surety bond (S.B.) of Rs. 25,000 with one or two sureties. The following conditions were imposed:

• Shaikh must attend the Chuna Bhatti Police Station on the 1st day of every month between 11:00 a.m. and 2:00 p.m. until the conclusion of the trial.
• He must attend every court date during the trial.
• He must not tamper with prosecution witnesses or evidence.
• Provisional cash bail of the same amount was allowed, with Shaikh required to furnish surety within four weeks, failing which the cash bail would be forfeited.

Order Details:

The order was signed on March 25, 2022, and uploaded on March 28, 2022, at 1:00 p.m.

This decision reflects the court’s consideration of the lack of direct evidence linking Shaikh to the murder, the possibility of negligence, and the imposition of conditions to ensure his presence during the trial.