Mumbai, February 9, 2024 – The Sessions Court of Greater Mumbai has granted bail to Sameer Iqbal Shaikh (23), an accused in a grievous assault and attempted murder case registered at Nirmal Nagar Police Station under C.R. No. 724 of 2023.

The bail application, filed under Section 439 of the Code of Criminal Procedure (CrPC), was heard before Additional Sessions Judge V. M. Sundale in Court Room No. 27. The court, after reviewing the case, concluded that the investigation was almost complete and that the accused did not have prior criminal antecedents, making his continued detention unnecessary.

Case Background

The case stems from an alleged violent altercation on December 16, 2023, at around 9:30 p.m., during which Sameer Iqbal Shaikh and his associates allegedly assaulted the informant and his cousin using a screwdriver and a pair of scissors.

According to the First Information Report (FIR):

• The accused and his co-accused, acting with a common intention, abused and attacked the victims, causing grievous injuries.
• The informant was stabbed with a screwdriver near his eyebrow and on his hand.
• Following the attack, the injured victim was admitted to Bhabha Hospital, Mumbai, where he received treatment as an indoor patient for six days.
• The prosecution claimed the accused had the intent to commit murder and that the violent assault was premeditated.

Prosecution’s Opposition to Bail

Additional Public Prosecutor (APP) Ms. Ratnavali Patil, representing the State, strongly opposed the bail application, arguing that:

1. The crime was of a serious nature, involving attempted murder (Section 307 IPC).
2. The accused and the victims lived in the same area, raising the possibility of witness intimidation.
3. The screwdriver used in the attack was recovered from the accused under a memorandum panchnama.
4. If released on bail, the accused might abscond or influence the investigation.

The prosecution, therefore, urged the court to reject the bail plea.

Defense’s Arguments for Bail

Representing the accused, Advocate Shekhar Singh contended that:

• The alleged incident occurred in the heat of the moment, and there was no premeditated intent to kill.
• The investigation was almost complete, and the accused’s continued detention was unnecessary.
• No significant injuries were inflicted that warranted further detention.
• The accused had no prior criminal record, and there were no extraordinary circumstances justifying extended custody.
• The apprehensions of the prosecution could be addressed through stringent bail conditions.

Court’s Observations and Bail Order

After carefully reviewing the submissions from both parties, Judge V. M. Sundale observed that:

1. The role of the accused was clearly mentioned in the FIR, and he was named as an active participant in the attack.
2. The incident appeared to have taken place in a sudden altercation rather than as part of a premeditated conspiracy.
3. The screwdriver allegedly used in the attack had already been recovered, and no further recovery was pending.
4. The informant suffered injuries, but the medical report did not indicate life-threatening harm.
5. There was no mention of past criminal behavior on the part of the accused.
6. The investigation was nearly complete, and his presence was not required for further inquiries.
7. Any risk of intimidation or absconding could be mitigated through appropriate bail conditions.

The court, therefore, granted bail to the accused, stating that keeping him in continued detention was unwarranted.

Bail Conditions

To ensure the integrity of the trial and prevent interference in the investigation, the court imposed the following conditions:

1. ₹50,000 Personal Bond with one or two sureties of an equal amount.
2. The accused must provide his residential address, mobile number, and email ID to the police.
3. He is prohibited from directly or indirectly threatening or pressuring prosecution witnesses.
4. He cannot leave India without prior permission from the court.
5. Mandatory weekly attendance at Nirmal Nagar Police Station every Wednesday (11:00 a.m. – 1:00 p.m.) until the filing of the charge sheet.
6. Provisional cash bail of ₹50,000 is permitted, but a surety must be furnished within four weeks.
7. Any breach of these conditions would result in immediate bail cancellation.

Legal and Social Implications

This case highlights the legal balance between individual rights and public safety. While the serious nature of the charges prompted the court to impose strict bail conditions, it also acknowledged the need to prevent unnecessary incarceration, particularly in cases where investigation is complete and the accused does not pose a flight risk.

With the accused out on bail but under close monitoring, the case will now proceed to trial, where the final determination of guilt or innocence will be made based on evidence and witness testimonies.

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