Bombay, February 2, 2024 — In a significant development, the Sessions Court for Greater Bombay has granted bail to Mr. Arbaz Kudarat Shaikh, a 20-year-old student accused in a criminal assault case. The ruling was made by Additional Sessions Judge S.N. Patil on February 2, 2024, in Court No. 17. The bail application, filed under Section 439(1) of the Code of Criminal Procedure, was argued by Advocate K.R. Choube on behalf of the accused, with Mrs. Ashwini Raykar representing the State as the Additional Public Prosecutor.
Background of the Case
The case stems from an incident reported on November 22, 2023, when the informant, identified as Mr. Somnath Mohan Jha, was allegedly attacked by Mr. Shaikh and his associates near the Sai Baba Temple on R.C. Marg in Chembur, Mumbai. According to the First Information Report (FIR) filed by the informant, the accused and his associates allegedly assaulted him using kicks and fist blows. Following this, a criminal case was registered at the Chembur Police Station under FIR No. 688 of 2023. The case involved multiple charges, including serious ones such as attempted murder under Section 307 of the Indian Penal Code (IPC), along with assault and intimidation under Sections 324, 323, 504, 506, 143, 144, 147, 148, and 149.
Arguments Presented
Advocate K.R. Choube, representing the accused, argued that Mr. Shaikh was falsely implicated and that there was an unjustifiable delay in filing the FIR. He further asserted that the accused and the informant had a history of enmity, which may have led to the accusations. It was also brought to the court’s attention that the informant had already been discharged from the hospital, indicating that the injuries might not have been as severe as initially alleged.
Choube also highlighted that Mr. Shaikh had been in custody since December 9, 2023, and stressed his young age and educational background. Based on these factors, he requested the court to consider granting bail, claiming that the continued detention of Mr. Shaikh was unnecessary.
In response, Additional Public Prosecutor Mrs. Raykar contended that the offense was serious and raised concerns that releasing Mr. Shaikh on bail could lead to further offenses or repeat behavior. She urged the court to reject the bail application to prevent any potential threat to public safety.
Court’s Observations and Order
After hearing the arguments, Judge Patil examined the case facts and the roles of the involved parties. The court noted that no weapon had been used by Mr. Shaikh in the alleged assault and that the injuries sustained by the informant did not appear life-threatening, as he was discharged from the hospital. Furthermore, Judge Patil considered Mr. Shaikh’s age and his status as a student, concluding that this warranted leniency.
Judge Patil stated, “Considering the nature of the offense, the age of the applicant/accused, and the role played by the applicant/accused in the commission of the alleged crime, I am of the opinion that this is a fit case in which discretion can be exercised in favor of the applicant/accused.” With this, the court decided to grant Mr. Shaikh bail, subject to specific conditions.
Bail Conditions
The court ordered Mr. Shaikh’s release on a personal bond of ₹25,000 with one surety of the same amount. Additionally, the court imposed the following conditions:
- No Threats or Intimidation: Mr. Shaikh must not directly or indirectly make any inducements, threats, or promises to anyone related to the case that could discourage them from disclosing facts to the court or police.
- No Repetition of Offense: He must refrain from committing a similar offense while out on bail.
- Travel Restrictions: Mr. Shaikh is prohibited from leaving India without the court’s permission.
- Provisional Cash Bail: He is permitted provisional cash bail for a period of four weeks from the date of the order.
The court’s decision marks a pivotal moment in the case, allowing Mr. Shaikh a reprieve while his trial progresses. The court emphasized the importance of compliance with the bail conditions, underscoring that any breach could result in consequences for the accused.
Next Steps
The bail order is set to be taken before the Magistrate, and Mr. Shaikh will be required to adhere to the terms strictly. The court has also advised that any failure to comply with these terms could lead to the cancellation of bail. The case will continue under the supervision of the City Civil and Sessions Court, Greater Bombay.
This decision reflects the court’s balanced approach, weighing the gravity of the allegations with the personal circumstances of the accused. The ruling also highlights the judiciary’s discretion in handling cases involving young individuals and their rehabilitation prospects.
