Mumbai, February 14, 2024 – The Sessions Court of Greater Mumbai granted bail to two accused, Ekrar Ahmad Akbar Ali Shaikh (20) and Nisar Ahmad Akbar Ali Shaikh (21), in connection with an assault case registered at Mankhurd Police Station under C.R. No. 19/2024. The accused were granted bail by Additional Sessions Judge A.A. Kulkarni on February 14, 2024, after considering the arguments presented by both the defense and the prosecution.
Case Background
The accused, both laborers residing in Ambedkar Chawl, Annabhau Sathe Nagar, Mankhurd (West), Mumbai, were arrested following a police complaint alleging their involvement in a violent altercation. The First Information Report (FIR) filed against them included charges under Sections 326 (voluntarily causing grievous hurt by dangerous weapons), 324 (voluntarily causing hurt by dangerous weapons), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of peace), 506(2) (criminal intimidation), and 34 (common intention) of the Indian Penal Code (IPC).
Defense’s Arguments
Defense counsel Ms. Lakshmi M. Kadam contended that the accused were falsely implicated in the case. She argued that the incident arose from a sudden quarrel, and there was no premeditated intent to cause grievous harm. Moreover, the injuries sustained by the complainant were deemed simple in nature, as per the medical certificate.
She further asserted that there was no need for the continued detention of the accused, as no further recovery of evidence was pending. Additionally, the defense highlighted that the accused had no prior criminal records and had cooperated with the investigation. On these grounds, she urged the court to grant bail.
Prosecution’s Stand
The prosecution, represented by Assistant Public Prosecutor (APP) J. N. Suryawanshi, opposed the bail application, arguing that the release of the accused could lead to a risk of witness tampering and interference with the ongoing investigation. The APP also stated that there was a possibility of the accused absconding and repeating similar offenses if released on bail. Therefore, the prosecution requested the court to reject the bail application.
Court’s Observations and Ruling
After hearing arguments from both sides and reviewing the evidence on record, the court observed that while the FIR alleged that the accused had assaulted the complainant using an iron rod, the medical reports did not substantiate a grievous injury. The court concluded that the prima facie evidence did not support a charge under Section 326 of the IPC, which pertains to grievous hurt caused by dangerous weapons.
Taking these findings into consideration, the court ruled in favor of granting bail, subject to the following conditions:
- Both accused were ordered to furnish a personal bond of ₹25,000 each, along with one or two sureties of the same amount.
- The accused must cooperate with the investigation and appear before Mankhurd Police Station whenever summoned by the Investigating Officer.
- The accused must provide their residential address and contact details to the authorities.
- They are prohibited from making any threats, inducements, or promises to any witnesses in the case.
- The accused cannot leave the country without prior permission from the court.
- The bail process must be completed before the lower court.
Conclusion
The case highlights the court’s balanced approach in ensuring justice while upholding the legal rights of the accused. The decision underscores the importance of medical reports and tangible evidence in determining the applicability of serious charges such as Section 326 IPC.
As the investigation continues, the authorities will monitor compliance with the bail conditions to ensure that justice is served without any interference. The case is expected to proceed further in due course as the prosecution continues to present its evidence.
The bail order was dictated and pronounced in open court on February 14, 2024, and uploaded on the same day.
