Mumbai, April 20, 2024 – Abdul Salim Abdul Shakur Shaikh, a 43-year-old resident of Wadala, has been denied bail by the Sessions Court for Greater Mumbai in connection with a violent assault case registered at Wadala Police Station. The court, presided over by Additional Sessions Judge Rajesh A. Sasne, rejected Shaikh’s bail application, citing the severity of the alleged offenses and the ongoing investigation.
Shaikh was arrested on March 21, 2024, in connection with Crime Register No. 50/2024, which involves charges under sections 326 (voluntarily causing grievous hurt by dangerous weapons or means), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach1 of the peace), and 34 (acts done by several persons in furtherance2 of common intention) of the Indian Penal Code, as well as sections 37(1) and 135 of the Maharashtra Police Act.
According to the prosecution, the incident occurred on March 20, 2024, when Siratal Parvez Ahmed Shaikh reported being attacked in the backyard of his house. The complainant alleged that co-accused Abdul Razak Shaikh initiated the assault by verbally abusing him and then striking him on the head with an iron rod, causing significant bleeding.
The situation escalated when Abdul Razak Shaikh reportedly called his brothers, Abdul Salim Abdul Shakur Shaikh (the applicant) and Abdul Rehman Shaikh. The complainant further alleged that Abdul Salim Shaikh assaulted him with fist blows to the face, lips, and chest, and also used a knife to injure the complainant’s sister on her wrist. Additionally, Abdul Razak Shaikh allegedly continued the assault with the iron rod, targeting the complainant’s head and forehead, while Abdul Rehman Shaikh reportedly used a bamboo stick to strike the complainant’s leg.
The First Information Report (FIR) initially included charges under section 307 of the IPC (attempt to murder), indicating the severity of the alleged assault.
In his bail application, Shaikh, through his advocates Umesh Kumar and Nirali Sharma, claimed innocence and false implication. He argued that he had cooperated with the custodial interrogation, the investigation was nearing completion, and he was the sole breadwinner of his family. Furthermore, he emphasized his lack of criminal antecedents and his permanent residency, asserting that he posed no flight risk.
However, the prosecution, represented by Additional Public Prosecutor (APP) Iqbal Solkar, strongly opposed the bail, citing the gravity of the offenses and the potential for the accused to tamper with evidence or threaten witnesses. The prosecution also highlighted that the anticipatory bail applications of co-accused Abdul Rehman Abdul Shakur Shaikh and Abdul Razak Shaikh had been rejected, and they remained at large.
Judge Sasne, after reviewing the application, the prosecution’s reply, and the submitted documents, acknowledged the severe injuries sustained by the complainant, including head injuries to vital body parts. The court also noted that the investigation was still in progress and that the applicant had criminal antecedents.
The court emphasized the ongoing investigation and the seriousness of the alleged offenses, particularly the initial inclusion of section 307 of the IPC. The court concluded that releasing Shaikh at this stage would hamper the investigation and pose a risk of witness tampering.
Consequently, the court rejected Shaikh’s bail application, concluding that he was not entitled to bail at this stage. The co-accused are still at large, and the investigation continues.