Mumbai, March 22, 2024 – Rahmat Ali Akmal Shaikh, a 23-year-old resident of Uttar Pradesh, has been granted bail by the Sessions Court for Greater Bombay in an assault case. Additional Sessions Judge S.N. Patil (Court Room No. 17) issued the order on March 22, 2024.
Shaikh was arrested in connection with C.R. No. 688/2023, registered at the Chembur Police Station, for offenses under Sections 307 (attempt to murder), 324 (voluntarily causing hurt by dangerous weapons or means), 323 (voluntarily causing hurt), 504 (intentional insult), 506 (criminal intimidation), 143 (unlawful assembly), 144 (joining unlawful assembly armed with deadly weapon), 147 (rioting), 148 (rioting, armed1 with deadly weapon), and 149 (every member of unlawful assembly guilty of offense committed in prosecution of common object) of the Indian Penal2 Code (IPC).
Background and Allegations:
The prosecution alleged that Shaikh, along with other accused, abused the complainant. When the complainant questioned accused Arbaaz Anwar Syed, accused Sagar Verma struck him with a wooden plank. Shaikh then allegedly punched the complainant in the eye and, along with others, assaulted him with kicks, blows, and a belt. Accused Arbaaz Anwar Sayyed also allegedly threw a stone at the complainant and threatened bystanders.
Arguments Presented:
Advocate Saima Khan, representing Shaikh, argued that he was falsely implicated, there was a delay in filing the FIR, there was prior enmity between Shaikh and the complainant, the complainant was discharged from the hospital with minor injuries, and Shaikh had been in custody since November 23, 2023. She also cited the bail granted to co-accused Yogesh Gaikwad as grounds for parity.
Additional Public Prosecutor (APP) Ashwini Raykar, representing the State, opposed the bail, arguing that Shaikh had committed a serious crime, would likely commit similar offenses if released, and would pressure witnesses and tamper with evidence.
Court’s Reasoning and Decision:
Judge Patil considered the submissions and reviewed the FIR. He noted that Shaikh was alleged to have assaulted the complainant with fist blows and kicks, that the complainant was discharged from the hospital, and that Shaikh had been in custody since November 23, 2023. The court also acknowledged the bail granted to co-accused Yogesh Gaikwad.
The court concluded that considering the nature of the offense, Shaikh’s age, and his role in the alleged crime, it was a fit case for granting bail.
Bail Conditions:
Shaikh was granted bail upon furnishing a personal bond of Rs. 25,000 with one surety of the same amount. The following conditions were imposed:
- Shaikh must not directly or indirectly influence, threaten, or promise any person acquainted with the case.
- He must not commit similar offenses while on bail.
- He must not leave India without prior permission from the court.
- He was granted provisional cash bail of Rs. 25,000 for four weeks.
- Bail to be furnished before the Magistrate.
Order Details:
The order was dictated, transcribed, and signed on March 22, 2024. The certified copy was uploaded on the same day at 4:30 p.m.
This decision reflects the court’s consideration of the complainant’s discharge from the hospital, the length of Shaikh’s custody, the parity with a co-accused, and the imposition of conditions to ensure his cooperation and prevent potential interference with the legal process.