Mumbai, Maharashtra – July 27, 2022 – Abdul Hasib Dawood Shaikh (28) and Md. Arif Dawood Shaikh (22), brothers residing in Govandi, Mumbai, have been granted bail by the Sessions Court for Greater Bombay in connection with an attempted murder case. The court, presided over by Additional Sessions Judge M.S. Kulkarni, granted the bail in Bail Application No. 1722 of 2022, related to C.R. No. 492/2022 registered at Deonar Police Station.
The brothers were arrested on June 25, 2022, and charged under Sections 307 (attempt to murder), 324 (voluntarily causing hurt by dangerous weapons or means), 504 (intentional insult with intent to provoke breach of1 the peace), read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code.2
Case Background:
The incident stemmed from a dispute following a dinner gathering at the residence of Chand Badshah Shaikh, the victim. The complainant and the accused were friends of the victim. The complainant asked Arif Dawood Shaikh to drop him home on his motorcycle, but he refused. This led to an altercation where the complainant allegedly damaged Arif’s motorcycle with a wooden plank. During the altercation, the victim tried to intervene, but Abdul Hasib Dawood Shaikh allegedly assaulted him with a wooden plank embedded with nails, causing severe head injuries.
Arguments and Court’s Reasoning:
The applicants sought bail on the grounds of false implication, absence of a medical report or CCTV footage, and the existence of a cross-case between the parties. They argued that they were family friends of the victim and that the incident occurred due to a misunderstanding. They also cited family responsibilities and assured the court that they would not tamper with evidence.
The prosecution strongly opposed the bail, citing the severity of the victim’s injuries, the ongoing investigation, and the possibility of witness intimidation and flight risk. The prosecution presented medical documents showing that the victim required surgery due to the head injuries.
The court acknowledged the severity of the victim’s injuries and noted that the victim had undergone surgery. However, the court also considered that the investigation was nearly complete, and the applicants had been in custody since June 25, 2022.
“The applicants/accused have been in custody since 25.06.2022 and so far they are concerned investigation is almost over,” Judge Kulkarni stated.
The court also addressed the rejection of anticipatory bail for another accused, Salman, stating that it should not prejudice the present applicants’ case.
Bail Conditions:
Judge Kulkarni granted bail to Abdul Hasib Dawood Shaikh and Md. Arif Dawood Shaikh on the following conditions:
- Execution of a personal bond and surety bond of ₹30,000 each.
- Permission to furnish a provisional cash security of ₹30,000 each for two months, during which they must provide the surety bonds.
- An undertaking not to flee from justice.
- An undertaking not to tamper with evidence and to cooperate with the investigating officer.
- Requirement to attend Deonar Police Station every Monday and Thursday between 9:00 a.m. and 10:00 a.m. until the filing of the chargesheet.
- A restriction on meeting the complainant and witnesses for one year.
- Bail to be processed before the trial court.
The certified copy of the judgment was issued on July 27, 2022. This decision highlights the court’s balancing act between the severity of the alleged crime and the individual’s right to bail, especially when the investigation is nearing completion.