Mumbai, Maharashtra – February 24, 2022 – Jumman Mubarak Shaikh, accused in a violent assault case, has been granted bail by the Sessions Court for Greater Bombay. Additional Judge G.B. Gurao (C.R. 17) allowed Criminal Bail Application No. 239 of 2022, related to C.R. No. 920 of 2021 registered with Shivaji Nagar Police Station.
Shaikh, a 22-year-old, was arrested and charged under Sections 307 (attempt to murder), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace), 506(2) (criminal intimidation), 143 (unlawful assembly),1 144 (joining unlawful assembly armed with deadly weapon), 147 (rioting), 148 (rioting, armed with deadly weapon),2 and 149 (every member of unlawful assembly guilty of offense committed in prosecution of common object) of the Indian Penal3 Code (IPC), as well as Sections 4, 25, and 27 of the Arms Act, and Sections 37(1)(A) and 135 of the Maharashtra Police Act.
Case Background:
The complainant alleged that on October 22, 2021, a group of individuals, including Shaikh, confronted him regarding his allowing a person named Mr. D to sit in a particular location. When the complainant denied this, he was verbally abused. The following day, on October 23, 2021, the same group allegedly assaulted the complainant with bamboo sticks, knives, kicks, and blows, resulting in his hospitalization at Rajawadi Hospital.
Arguments and Court’s Reasoning:
Shaikh’s counsel, Adv. Rajeev Sawant, argued that his client was innocent and falsely implicated. He highlighted that a co-accused, Abid, had already been granted bail and that Shaikh had been in jail since October 24, 2021. He also stated that Shaikh was willing to abide by any conditions imposed by the court.
The prosecution, represented by APP Ramesh Siroya, opposed the bail, citing the seriousness of the offense and the grievous injuries sustained by the complainant. They argued that Shaikh might commit similar offenses if released.
The court, after reviewing the FIR and the prosecution’s submissions, noted that the weapons had been seized and the statements of witnesses had been recorded. “It is to be noted that weapon are already seized. Statements of witnesses are recorded,” Judge Gurao stated.
The court also considered that a co-accused had already been granted bail and that there was no further recovery or discovery required from Shaikh. “Co-accused Abid is released on bail. Now there is no recovery or discovery at the instance of accused. Hence, in view of this applicant/accused is entitled for bail,” Judge Gurao concluded.
Bail Conditions:
Judge Gurao granted bail to Jumman Mubarak Shaikh on the following conditions:
- Execution of a personal bond of ₹25,000 with one or more sureties of the same amount.
- Attendance at Shivaji Nagar Police Station as and when required by the investigating officer until further orders.
- Prohibition from pressuring prosecution witnesses.
- Provisional cash bail of ₹25,000 for four weeks.
- Bail to be processed before the Learned Magistrate.
The certified copy of the judgment was issued on February 24, 2022. This decision highlights the court’s consideration of the prior bail granted to a co-accused, the completion of the investigation, and the lack of further recovery requirements when granting bail.