Mumbai, July 2, 2022 (Thane Location Insight): The Additional Sessions Judge, S.M. Menjoge (C.R.17), at the Sessions Court for Greater Bombay, has granted bail to Sohail Ali Khan @ Sonu, an 18-year-old student, who was accused in connection with an attempted murder case and offences under the Arms Act. Khan was booked under Sections 307 (attempt to murder), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of peace), 506(2) (criminal intimidation),¹ read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code² (IPC), along with Sections 4, 25, and 27 of the Arms Act, and Section 37(1) and 135 of the Maharashtra Police Act, in C.R. No. 309/2022 registered at the Trombay Police Station.

The incident, according to the prosecution’s case, occurred on October 9, 2022, at around 11:30 p.m. in front of Star School. The complainant’s son-in-law, Shahid, was reportedly quarreling with some individuals when Sohail Shaikh and Sonu Khan (the applicant) arrived and allegedly started abusing Shahid’s son. Shahid then slapped Sohail Shaikh. Enraged by this, both Sohail Shaikh and Sonu Khan allegedly began beating Shahid Khan. Sohail Shaikh is accused of attempting to strike the complainant’s son with a sword, but the complainant intervened to protect his son and sustained injuries on his left wrist. Sonu Khan allegedly kicked the complainant’s son, causing him to fall. Sohail Shaikh then allegedly made another attempt to strike, but the sword again hit the back of the complainant’s wrist. Based on these allegations, the accused were charged with the aforementioned offences.

Advocate Khan, representing the applicant Sohail Ali Khan @ Sonu, argued that his client was falsely implicated in the case and that no prima facie case was made out against him. He contended that there was no need to keep the young applicant in custody and prayed for his release on bail.

The Additional Public Prosecutor (APP), Mr. Ramesh Siroya, representing the State, opposed the bail application, arguing that the offence was serious and the charge-sheet had not yet been filed. He expressed concerns that if released on bail, the accused might pressurize the prosecution witnesses.

After perusing the case diary and hearing the arguments from both sides, Additional Sessions Judge S.M. Menjoge referred to several landmark judgments of the Hon’ble Supreme Court regarding the principles for granting or refusing bail. The court also considered the following factors:

(i) Whether there is any prima facie or reasonable ground to believe that the accused had committed the offence;

(ii) Nature and gravity of the charge;

(iii) Severity of the punishment in the event of conviction;

(iv) Danger of the accused absconding or fleeing, if released on bail;

(v) Character, Behaviour, Means, Position and Standing of the accused;

(vi) Likelihood of the offence being repeated;

(vii) Reasonable apprehension of the witnesses being tampered with; and

(viii) Danger of justice being thwarted by grant of bail.

REASONS FOR GRANTING BAIL:

Upon reviewing the case diary, the court noted that the specific role attributed to the present applicant, Sohail Ali Khan @ Sonu, was that of kicking the complainant’s son. The sword allegedly used in the assault was attributed to the other accused, Sohail Shaikh, and had already been seized. The court observed that no weapon was used by the present applicant. In light of this, the court concluded that no purpose would be served by keeping the applicant behind bars.

Consequently, the court passed the following order:

ORDER:

1. Bail Application No. 1567/2022 is hereby allowed.
2. Applicant/accused namely Sohail Ali Khan @ Sonu, in C.R.No.309 of 2022 registered with Trombay police station for the offence punishable under Sections 307, 323, 504, 506(2) r/w 34 of IPC, and section 4, 25, 27 of Arms Act, and section 37(1), 135 of Maharashtra Police Act, shall be released on his executing PR Bond of Rs.15,000/−​ (Fifteen Thousand only) with surety in the like amount on the conditions that: a) He shall not pressurize the prosecution witnesses in any manner. b) He shall not commit any offence while on bail. c) He shall attend the dates of Court regularly unless exempted by the Court. d) He shall furnish his correct address to the investigating officer.
3. He be released on provisional cash bail of Rs.15,000/−​. Duration of provisional cash bail shall be for four weeks.
4. Bail before Ld. Magistrate.
5. Bail Application No. 1567/2022 is disposed of accordingly.

The order was dictated, transcribed, and signed by Additional Judge S.M. Menjoge on July 2, 2022, and uploaded on the same date.

This case demonstrates the court’s consideration of the specific role attributed to each accused in a crime while deciding on bail. Despite the serious nature of the charges, the court granted bail to the applicant after noting his limited direct involvement in the alleged assault with a weapon. The conditions imposed aim to ensure the applicant’s good behavior while on bail and his presence during the trial.