Mumbai, April 6, 2024 – Sadaan Razamiyan Khan and Fazal Ahmed Razamiyan Khan have been denied bail by the Additional Sessions Judge, Greater Mumbai, in connection with an assault case arising from a business dispute. Judge Dr. A.A. Joglekar (Court Room No. 37) issued the order on April 6, 2024.
The Khans were arrested in connection with C.R. No. 177/2024, registered at the Wadala T.T. Police Station. They were charged 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),1 504 (intentional insult with intent to provoke breach of the peace),2 and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).3
Background and Allegations:
The case stemmed from an incident on March 14, 2024, where the complainant’s brother allegedly asked Sadaan Razamiyan Khan to return a lent amount. The prosecution alleges that Sadaan Razamiyan Khan, along with his brother Gulfam Khan, assaulted the complainant and his brother Sadiq. Gulfam Khan allegedly used a knife during the assault, and Sadaan Razamiyan Khan also assaulted the victims.
Arguments Presented:
Advocate N.P. Paithane, representing the Khans, argued that they were falsely implicated and that a cross-case was filed by them. He stated that the incident was a result of a business dispute and that the injured parties were out of danger. He argued that further incarceration was unnecessary.
Additional Public Prosecutor (APP) Abhijeet Gondwal opposed the bail, citing that the parties resided in the same locality and that releasing the Khans could lead to further incidents. He also mentioned that cross-cases were pending investigation and expressed concerns about witness tampering and absconding.
Court’s Reasoning and Decision:
Judge Joglekar noted that the incident stemmed from a business dispute, as admitted by the Khans. He also noted that the medical documents were yet to be obtained, making it difficult to ascertain the gravity of the injuries.
The court emphasized that the primary issue was whether a prima facie case existed, without conducting a detailed examination of the prosecution’s merits. The court found that the Khans had not denied their presence at the spot and that their involvement could not be negated, especially given the nascent stage of the investigation.
The court concluded that granting bail at this stage would derail the investigation, particularly since medical documents were awaited.
Order Issued:
The court rejected the bail application of Sadaan Razamiyan Khan and Fazal Ahmed Razamiyan Khan.
Order Details:
The order was dictated, transcribed, and signed on April 6, 2024. The certified copy was uploaded on the same day at 4:50 p.m.
This decision reflects the court’s concern about the ongoing investigation, the need to ascertain the extent of injuries, and the potential for further incidents given the parties’ proximity.