Mumbai, March 19, 2024 – Mohasin Mehboob Shaikh, a 29-year-old rickshaw driver, has been granted bail by the Sessions Court for Greater Mumbai in a case involving assault and obstruction of public servants. Additional Sessions Judge A.A. Kulkarni (Court Room No. 22) issued the order on March 19, 2024.
Shaikh was arrested in connection with C.R. No. 74/2024, registered at the Mankhurd Police Station, for offenses under Sections 353 (assault or criminal force to deter public servant from discharge of his duty), 332 (voluntarily causing hurt to deter public servant from his duty),1 189 (threat of injury to public servant), 504 (intentional insult),2 and 506 (criminal intimidation) of the Indian Penal Code (IPC).
Background and Allegations:
The prosecution alleged that on March 5, 2024, at approximately 11:00 a.m., while police officers were patrolling near Babu Bhai Chawl, Shaikh was found in a suspicious condition. When questioned, he allegedly began abusing the officers, leading to his arrest.
Arguments Presented:
Advocate D.H. Kumthekar, representing Shaikh, argued that he was falsely implicated and that no further seizures were required from him. He emphasized that Shaikh is a permanent resident of Mumbai and the sole earning member of his family.
Special Public Prosecutor (SPP) J.N. Suryawanshi and the investigating officer opposed the bail, citing Shaikh’s alleged history of 12 criminal cases and the potential for him to tamper with evidence if released.
Advocate Kumthekar countered that most of the 12 cases were disposed of and that further detention was unnecessary.
Court’s Reasoning and Decision:
Judge Kulkarni noted that the FIR indicated no seizures were required from Shaikh. He also considered the defense’s argument regarding the disposal of most of the prior cases.
The court concluded that further detention was not necessary and that conditions could be imposed to ensure Shaikh’s compliance.
Bail Conditions:
Shaikh was granted bail upon furnishing a personal bond of Rs. 25,000 with one or more sureties of the same amount. The following conditions were imposed:
- Shaikh must attend the Mankhurd Police Station, Mumbai, as and when required by the Investigating Officer on notice.
- He must furnish his residential address proof and contact numbers to the Investigating Officer.
- He must not directly or indirectly influence, threaten, or promise any person acquainted with the facts of the case.
- He must not leave India without prior permission from the Court.
- Bail to be furnished before the Trial Court.
Order Details:
The order was dictated, transcribed, and signed on March 19, 2024. The certified copy was uploaded on March 19, 2024, at 5:30 p.m.
This decision reflects the court’s consideration of the nature of the allegations, the lack of required seizures, and the imposition of conditions to ensure Shaikh’s cooperation and prevent potential interference with the investigation.