Mumbai, July 18, 2022 – The Additional Sessions Judge M.G. Deshpande (Court Room No. 16) granted bail to Wasim Ibrahim Sayyed and Mohammed Shahid Mohd. Feroz Shaikh @ Surya in connection with an attempted murder case registered at Dongri Police Station (C.R. No. 437/2022). The court cited the limited role attributed to the applicants in the alleged assault and the issue of overcrowding in Mumbai jails as key factors in its decision.
Background of the Case:
Wasim Ibrahim Sayyed and Mohammed Shahid Mohd. Feroz Shaikh were arrested for allegedly assaulting Nihal Mahendra Jaiswal along with Sanjay Shetty. The prosecution alleged that on June 25, 2022, the applicants, along with Shetty, attacked Jaiswal with fists, kicks, and a hockey stick, causing him injuries. The case was registered under Sections 307 (attempt to murder), 504 (intentional insult with intent to provoke breach of the peace), 506 (criminal intimidation),1 and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).2
Arguments Presented:
Advocate Shahid Iqbal @ Azam Shaikh, representing the applicants, argued for bail.
Additional Public Prosecutor (APP) Ramesh Siroya, representing the State, opposed the bail application, citing the applicants’ criminal antecedents, the possibility of them threatening witnesses, the likelihood of them repeating the crime, and the communal aspect of the case, claiming that the release of the Muslim accused could lead to similar crimes against Hindus.
Court’s Reasoning and Decision:
Judge Deshpande, after reviewing the FIR and the prosecution’s submissions, noted that the primary role in the assault was attributed to Sanjay Shetty, who used a hockey stick and caused the bleeding injury on the complainant’s head. The applicants were alleged to have used only fists and kicks.
“Careful perusal of the facts alleged in the FIR prima-facie indicates role attributed to both the applicants that they beat the informant by fist and kick blows. The material role is attributed to Sanjay Shetty who was possessing hockey stick and also gave its blows on head, chest, back and legs of the informant. Not only this but the bleeding injury on the head of the informant is caused due to the hockey stick blow given by the said Sanjay Shetty. However, it is an admitted fact that present applicants were neither possessing any weapons nor used any weapon for beating the informant. They simply beat him by fist and kick blows. Therefore, prima-facie offence under Sec.307 does not attract against them,” Judge Deshpande stated in his order.
The court also considered that the applicants had been in judicial custody since June 29, 2022, and that the investigation against them was largely complete.
“Prima-facie the investigation against them is already over. In my opinion to continue their detention. On the contrary if certain conditions are imposed on them, the same will safeguard the objections raised by the prosecution,” Judge Deshpande stated.
Regarding the applicants’ criminal antecedents, the court noted that those offenses were yet to be tried and that there was no certainty about when the trials would begin.
“Regarding antecedents, it has to be noted that those offences are yet to be tried. No one is sure when the chargesheet will be filed, case will be committed, charge will be framed and trial will begin. It cannot be ignored that, all jails in Mumbai are overcrowded and there is no point in keeping applicants behind bars for uncertain period,” Judge Deshpande stated.
Consequently, the court granted bail to Wasim Ibrahim Sayyed and Mohammed Shahid Mohd. Feroz Shaikh, ordering their release upon furnishing a Personal Recognizance (PR) bond of Rs. 15,000 and a surety bond of the same amount.
The court imposed several conditions, including that the applicants must visit Dongri Police Station weekly, must not influence witnesses or tamper with evidence, and must not leave Mumbai without permission.
Implications and Significance:
This ruling highlights the court’s emphasis on analyzing the specific roles attributed to individual accused persons in cases involving multiple defendants. The decision underscores that bail can be granted when the accused’s role is relatively minor and the investigation has progressed significantly.
The court’s consideration of the overcrowding in Mumbai jails also reflects a practical approach, ensuring that individuals are not detained unnecessarily while also addressing the prosecution’s concerns.
The order was dated July 18, 2022, and uploaded on the same day.