Mumbai, January 24, 2022 – In a significant development, the Mumbai Sessions Court granted bail to Ajimullah Mashuqali Shaikh, also known as Shah or Hajimullah Masuqali Shah, in connection with a case registered under C.R. No. 561 of 2021 at Wadala Police Station. The accused had been in judicial custody since December 16, 2021, following allegations of assault on a Brihanmumbai Municipal Corporation (BMC) worker and his colleague.
The bail application, numbered 159 of 2022, was heard before Additional Sessions Judge R. M. Sadrani (Court Room No. 37), who ruled in favor of the applicant, granting him release on a personal bond of Rs. 25,000 with one or two sureties of the same amount.
Case Background
According to the prosecution, the incident took place on December 16, 2021, when complainant Subhash Avhad, a BMC driver responsible for garbage collection, parked his vehicle at Dinbandhu Nagar, Wadala (East), to carry out his duties. At that moment, Shaikh allegedly confronted him, hurling abuses in filthy language and physically assaulting him and another employee. The attack led to the registration of a criminal case under multiple sections of the Indian Penal Code (IPC), including Section 353 (Assault or criminal force to deter public servant from discharge of his duty), Section 332 (Voluntarily causing hurt to deter public servant from his duty), Section 506(II) (Criminal intimidation), and Section 504 (Intentional insult with intent to provoke breach of the peace). Additionally, the accused was charged under Section 142 of the Maharashtra Police Act.
Following the complaint, Shaikh was arrested on the same day and had been in custody for over a month. However, the defense, represented by Advocate Shambhunath Chauhan, argued for his release, citing the circumstances of the case.
Court’s Observations and Bail Order
During the hearing, the court acknowledged that the accused had 19 previous criminal cases against him. Despite this, the judge noted that prior criminal records alone could not be the sole ground for rejecting bail. After reviewing the facts and circumstances of the case, Judge Sadrani ruled in favor of Shaikh, allowing his bail application with specific conditions:
- The applicant must execute a personal bond of Rs. 25,000 and furnish one or two sureties of the same amount.
- Shaikh must provide his detailed residential address and phone number at the time of securing bail.
- He must furnish his bail before the court handling the remand proceedings.
- He is required to attend Wadala Police Station whenever summoned by the investigating officer.
- The accused must not directly or indirectly influence or threaten any witnesses in the case.
- He is prohibited from leaving India without prior permission from the court.
With these conditions in place, the court disposed of the bail application, paving the way for Shaikh’s release. The official court order was signed and uploaded on January 25, 2022.
Legal and Public Reactions
The case has sparked discussions among legal experts and citizens, particularly concerning the granting of bail to individuals with a history of criminal cases. While some argue that bail is a fundamental right and should be granted unless there is a risk of tampering with evidence or influencing witnesses, others express concerns over repeat offenders being released into society.
The Wadala Police and prosecution had initially opposed the bail application, citing the accused’s history and the nature of the offense. However, the court took a balanced approach, ensuring that Shaikh’s legal rights were upheld while also imposing strict conditions to prevent any interference with the investigation.
Conclusion
The ruling in this case underscores the judiciary’s commitment to ensuring a fair legal process while balancing public safety concerns. With his release on bail, all eyes will now be on Shaikh’s compliance with the court’s conditions and the further progress of the case as it moves toward trial.
The matter remains under investigation, and any further legal developments will be closely monitored by the authorities and the public alike.
