Mumbai, April 7, 2022 – In a significant development, the Additional Sessions Judge M. G. Deshpande at the Sessions Court for Greater Bombay granted bail to Zishan Zahid Ali, a 25-year-old Ola driver, who was accused of assaulting a traffic police constable in Bandra Kurla Complex (BKC). The order, passed on April 7, 2022, comes in connection with C.R. No. 88/2022 registered at the BKC Police Station under Sections 353 (Assault or criminal force to deter public servant from discharge of his duty) and 323 (Punishment for voluntarily causing hurt) of the Indian Penal Code (IPC).

The bail application, numbered 698 of 2022, was moved by Mr. Shafqat Ali Shaikh, the learned advocate representing the applicant, Zishan Zahid Ali. The State of Maharashtra, represented by the learned Additional Public Prosecutor Mrs. Rashmi Tendulkar, along with the Investigating Officer, vehemently opposed the bail plea.

According to the First Information Report (FIR), filed by Police Hawildar Prashant Anna Mhamunkar (buckle No. 960258) of the Bandra Traffic Police Station, the incident occurred at approximately 12:00 PM on March 24, 2022. The complainant alleged that he stopped an Ola cab bearing registration number MH-03-CH-0295, which was proceeding from the Kalanagar Flyover towards the Family Court. The driver, identified as Zishan Zahid Ali, was reportedly talking on his mobile phone while driving.

Upon being stopped, the driver presented his driving license from DigiLocker. Constable Mhamunkar informed him of the traffic violation. However, the situation allegedly escalated when the driver began to quarrel with the police officer. The FIR further stated that the driver manhandled Constable Mhamunkar, resulting in a uniform button being broken. Subsequently, the driver allegedly slapped the constable below his left ear. During the ensuing scuffle, Constable Mhamunkar reportedly fell on the road, and the driver allegedly kicked him in the chest, causing his spectacles to break.

Following the incident, Zishan Zahid Ali was arrested on March 24, 2022, and subsequently remanded to magisterial custody on March 25, 2022.

During the hearing of the bail application, Mr. Shaikh argued for the release of his client, while Mrs. Tendulkar, representing the prosecution, urged the court to reject the application, citing the ongoing investigation and reiterating the allegations made in the FIR.

After carefully considering the arguments from both sides and perusing the case documents, Additional Sessions Judge M. G. Deshpande formulated two key points for determination:

1. Whether the applicant-accused has made out a strong prima facie case to release him on bail?
2. What Order?

In a reasoned order, the court answered the first point in the affirmative, leading to the allowance of the bail application.

In his reasoning, Judge Deshpande noted that the applicant was arrested on March 24, 2022, and remanded to custody the following day, indicating that the “material part of the investigation was over.” The court opined that nothing remained to be seized from the accused, and therefore, his further detention in judicial custody was not warranted. The court further stated that the apprehension of the Investigating Officer could be adequately addressed by imposing certain conditions on the applicant.

Consequently, the court passed the following order:

1. Bail Application No. 698 of 2022 is allowed.
2. Applicant Zishan Zahid Ali shall be released on bail in C.R. No. 88 of 2022 registered with BKC Police Station upon executing a Personal Recognizance (PR) bond of ₹15,000/- with a surety bond of a like amount, subject to the following conditions: i) The applicant shall attend BKC Police Station once a week, every Friday between 8:00 a.m. and 5:00 p.m., and maintain a record of his attendance for 60 days. ii) The applicant shall undertake not to pressurize the informant and prosecution witnesses, and also not to tamper with the evidence of the prosecution. iii) The applicant shall undertake to attend each and every date of the trial.
3. The applicant Zishan Zahid Ali shall be released on provisional cash security of ₹15,000/- along with the PR bond, on the condition that he furnishes a surety within two months.
4. Bail before the Learned Court of First Instance.

The order was signed and dated by Additional Sessions Judge M. G. Deshpande on April 7, 2022.

This order provides temporary relief to the accused Ola driver, emphasizing the court’s assessment that further detention was unnecessary at this stage of the investigation, while also ensuring conditions are in place to facilitate the ongoing legal proceedings and protect the interests of the complainant and the prosecution. The case will now proceed in the lower court as per the legal process.