Mumbai, March 20, 2024 – Mohd. Farid Alim Shaikh, a 19-year-old, has been granted bail by the Sessions Court for Greater Bombay in an attempted murder case. Additional Sessions Judge S.N. Patil (Court Room No. 17) issued the order on March 20, 2024.

Shaikh was arrested in connection with C.R. No. 44 of 2024, registered at the Chembur Police Station, for offenses under Sections 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 504 (intentional insult),¹ 506 (criminal intimidation) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC) and² Sections 4 and 25 of the Arms Act.

Background and Allegations:

The prosecution alleged that on February 4, 2024, at approximately 12:20 a.m., Shaikh, along with other associates, called the complainant near a public toilet. When the complainant arrived, Shaikh and his associates allegedly attacked him. One of the accused, “Khaskya,” allegedly brandished a knife and then attacked the complainant with a sword, causing injuries to his head and hand. Other accused allegedly assaulted the complainant with wooden bamboo. When the complainant’s brother intervened, he was also attacked with a sword.

Arguments Presented:

Advocate Anita Marbhal, representing Shaikh, argued that he was falsely implicated, no specific role was attributed to him, he is only 19 years old, and he had been in custody for a month. She stated that he was willing to abide by any conditions imposed by the court.

Additional Public Prosecutor (APP) Ashwini Raykar and the investigating officer opposed the bail, arguing that Shaikh would commit similar offenses, pressure witnesses, and flee from justice if released. They claimed that Shaikh and his associates had created terror in the Chembur area.

Advocate Marbhal also argued that Shaikh had only assaulted the complainant with a wooden bamboo, that he was of tender age, and that he was ready to cooperate with the investigation.

APP Raykar countered that Shaikh had actively participated in the attack, the complainant had sustained grievous injuries, the investigation was ongoing, and there was a pre-intention to commit murder.

Court’s Reasoning and Decision:

Judge Patil acknowledged the prosecution’s contention that Shaikh and his associates intended to commit murder and that the complainant sustained grievous injuries.

However, the court also considered Shaikh’s tender age, the fact that he had been in custody for a month, and that he had allegedly only assaulted the complainant with a wooden bamboo. The court noted that the weapons had been recovered.

The court emphasized the principle that “bail is the rule and jail is an exception” and concluded that stringent conditions could mitigate the risk of absconding or tampering with witnesses.

Bail Conditions:

Shaikh was granted bail upon furnishing a personal bond of Rs. 25,000 with one or more solvent sureties of the same amount. The following conditions were imposed:

• Shaikh must not tamper with prosecution evidence or witnesses.
• He must not directly or indirectly influence, threaten, or promise any person acquainted with the case.
• He must report to the Chembur Police Station investigating officer once a month, on the 25th of each calendar month, until the charge sheet is filed.
• He must not leave India without prior permission from the Court.
• He was granted provisional cash bail of Rs. 25,000 for four weeks.

Order Details:

The order was dictated, transcribed, and signed on March 20, 2024. The certified copy was uploaded on March 20, 2024, at 6:00 p.m.

This decision reflects the court’s consideration of Shaikh’s age, limited role, and the imposition of conditions to ensure his compliance with the legal process and address the prosecution’s concerns.