Mumbai, May 5, 2022 (Mumbai Crime Watch): The Additional Sessions Judge, Shri G.B. Gurao, at the Sessions Court for Greater Bombay, has granted bail to 19-year-old Samad Abdul Karim Shaikh in connection with an assault case registered at Shivaji Nagar Police Station under C.R. No. 21/2022. Shaikh was accused of offences including attempted murder (Section 307 of IPC), voluntarily causing grievous hurt by dangerous weapons or means (Section 326 of IPC), voluntarily causing hurt (Section 323 of IPC), intentional insult with intent to provoke breach of peace (Section 504 of IPC), criminal intimidation (Section 506 of IPC), all read with Section 34 (acts done by several persons in furtherance of common intention) of the IPC, and also under Section 37 (1) (A) and 135 of the Maharashtra Police Act.

The bail application, Criminal Bail Application No. 743 of 2022 (CNR NO.: MHCC02-004275-2022), was heard on May 5, 2022. Advocate Mr. Jabali appeared for the applicant/accused, Samad Abdul Karim Shaikh, while Mr. Ramesh Siroya, the learned APP, represented the State of Maharashtra.

Mr. Jabali argued that his client was innocent and had not committed any crime. He further submitted that the complainant had allegedly assaulted the accused’s mother on the head, leading to the registration of cross-cases. The defense counsel highlighted that the accused had been in judicial custody since January 21, 2022, and that the investigation in the matter was complete, with the charge sheet already filed. Mr. Jabali assured the court that his client would abide by any conditions imposed and requested for Shaikh’s release on bail.

The learned APP, Mr. Siroya, opposed the bail application, asserting that the offense was serious and that the accused was a habitual offender who might abscond if released on bail. He urged the court to reject the application.

After perusing the charge sheet and considering the submissions from both sides, Judge Gurao noted that the dispute between the complainant and the accused reportedly arose over a mobile phone. The prosecution alleged that the accused had assaulted the complainant on his rib and neck, resulting in the complainant’s admission to Sion hospital. However, the court also noted that the complainant had since been discharged.

Crucially, Judge Gurao acknowledged that the investigation was complete and that the accused had undertaken to abide by any conditions set by the court. Considering the facts and circumstances of the case, the court found that the accused was entitled to bail.

The following order was issued by the Additional Judge, Shri G.B. Gurao:

1. Bail Application No. 743/2022 is hereby allowed.
2. Applicant/accused namely Samad Abdul Karim Shaikh in C.R.No. 21 of 2022 registered with Shivaji Nagar police station for the offence punishable under Sections 307, 326, 323, 504, 506, r/w 34 of IPC, and under Section 37 (1) (A), 135 of Maharashtra Police Act, shall be released on his executing PR Bond of ₹20,000/- (Twenty Thousand only) with one or more sureties of the like amount on the conditions that: a) He shall attend concerned police station as and when reasonably required by investigating officer till further orders. b) He shall not pressurize the prosecution witnesses in any manner. c) He shall not commit any offence while on bail. d) He shall attend the dates of Court regularly unless exempted by the Court. e) He shall furnish his correct address to the investigating officer.
3. He be released on provisional cash bail of ₹20,000/-. Duration of provisional cash bail shall be for four weeks.
4. Bail before Ld. Magistrate.
5. Bail Application No.743/2022 is disposed of accordingly.

This order grants conditional bail to the 19-year-old accused, emphasizing the completion of the investigation as a key factor in the decision. The court has imposed several conditions to ensure the accused’s cooperation with the ongoing legal process and to prevent any potential interference with the case. The provisional cash bail suggests an interim measure until the formal surety process is completed before the Learned Magistrate.