Mumbai, Maharashtra – May 18, 2022 – Sujeet Phulchand Nishad has been granted bail in an assault and extortion case registered at Bandra Police Station (Cr. No. 601/2022). The Additional Sessions Judge, U.M. Padwad, of the Sessions Court for Greater Bombay, approved Nishad’s bail application (Bail Application No. 1041 of 2022) citing the completion of the material investigation and the specific circumstances of the assault.

Background of the Case:

Nishad was arrested and charged under Sections 307 (attempt to murder), 385 (putting person in fear of injury in order to commit extortion), and 504 (intentional insult with intent to provoke breach of the peace) of the¹ Indian Penal Code (IPC).

Allegations and Arrest:

According to the prosecution, on April 25, 2022, Nishad went to the complainant’s utensil shop and demanded Rs. 50,00,000. He allegedly struck the complainant with his helmet. When the complainant pushed him away, Nishad fell onto a parked bike. The complainant then called the police. Nishad allegedly took a frying pan from the shop and struck the complainant on the head, causing injuries and fractures to his fingers.

Defense Arguments:

Mr. S.A. Shora, representing Nishad, argued for his release on bail. (Specific defense arguments are not detailed in the provided order.)

Prosecution’s Counter-Arguments:

Mr. Shankar Erande, the Additional Public Prosecutor (APP), opposed the bail application, expressing concerns about witness intimidation.

Intervener’s Arguments:

Mr. Naseem Shaikh, representing the intervener, also opposed the bail application, submitting written arguments.

Court’s Observations and Decision:

Judge Padwad noted that the material investigation was complete. The complainant claimed that Nishad had threatened him through others, but the court found a WhatsApp chat indicating the complainant had consented to Nishad filing a writ petition to quash the report.

“From the say of the Investigating Officer it is clear that the material investigation is over. The informant has claimed that the accused had given him threats through others and, therefore, he should not be released on bail. However, there is WhatsApp chat to show that the informant had consented for filing of a Writ Petition by the accused for quashing of the report. There is nothing on record to show that the informant was under any threat much less from the informant. Even the Investigating Officer has apprehended that the accused may pressurize the witnesses, However, that apprehension also does not seem well founded. The assault was not premeditated nor the accused was armed with any weapon. The assault appears more to be the result of sudden rush of blood. The accused is in custody since substantial time and his further detention does not seem necessary. In the circumstances of the case he can be released on bail with certain stringent conditions,” Judge Padwad stated in his order.

The court concluded that the assault appeared to be a spontaneous act rather than premeditated, and since the material investigation was complete and Nishad had been in custody for a significant time, he could be released on bail with stringent conditions.

Bail Conditions:

The court granted bail to Nishad, subject to the following conditions:

• He must execute a Personal Bond (PB) and Surety Bond (SB) of Rs. 25,000 with one or two sureties.
• He must not enter the jurisdiction of Bandra Police Station until further orders.
• He must provide his proposed residential address and proof to the Investigating Officer before release.
• He must attend the local police station every alternate day between 7:00 PM and 9:00 PM for two months, and then on the 1st and 15th of every month during the same time until the trial concludes.
• Two consecutive defaults in attending the police station will result in automatic bail cancellation.
• He must not tamper with prosecution witnesses or evidence.
• Provisional cash bail of the same amount is allowed, and he must furnish a surety within four weeks, failing which the cash bail will be forfeited.
• Bail must be furnished before the learned committing court.

Significance of the Ruling:

This ruling highlights the court’s consideration of the completion of the material investigation, the nature of the assault, and the accused’s period of custody when deciding bail applications. The court’s decision underscores that in cases where the investigation is largely complete and the assault appears to be spontaneous, bail can be granted with stringent conditions to ensure the accused’s presence and prevent witness tampering.

Key Factors in the Bail Grant:

• Completion of the material investigation.
• Nature of the assault (spontaneous rather than premeditated).
• Nishad’s period of custody.
• Conditions to ensure Nishad’s presence and prevent witness tampering.

Future Proceedings:

The trial will proceed in the Sessions Court, where the prosecution will be required to prove the charges against Nishad beyond a reasonable doubt. The court will monitor Nishad’s compliance with the bail conditions.