Mumbai, July 27, 2022 – In a ruling that considered the accused’s age, lack of criminal antecedents, and the progress of the investigation, the Additional Sessions Judge Anand Pandurang Kanade (C.R. 60) granted bail to Sakib Anwar Khan @ Pidda in connection with an assault case registered at RAK Marg Police Station (C.R. No. 466/2022). The court imposed stringent conditions to address the prosecution’s concerns.
Background of the Case:
Sakib Anwar Khan @ Pidda, a 23-year-old labourer from Seweree, was arrested on July 1, 2022, and subsequently placed in judicial custody on July 4, 2022, for allegedly assaulting Mohammed Sufiyan Ashfak Khan and others. The prosecution alleged that on June 5, 2022, at around 11:00 p.m., Sakib, along with co-accused Umama and Vijay @ Annu, assaulted the complainant and his friends with knives, causing injuries. The case was registered 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), 506 (criminal intimidation) read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code2 (IPC).
Arguments Presented:
Miss. Apeksha Vora, representing Sakib, argued that her client was falsely implicated as he was a friend of co-accused Vijay. She emphasized that Sakib was 23 years old, had no criminal antecedents, and was a tailor. She contended that Section 326 of the IPC was not attracted in his case.
Smt. Seema Deshpande, the Additional Public Prosecutor (APP), and the Investigating Officer (IO) opposed the bail application. They argued that Sakib had been absconding since the incident, the weapon used in the offense was yet to be recovered, and other co-accused were still at large. They also alleged that Sakib had not cooperated during police custody and that there was a possibility of him destroying evidence and pressurizing witnesses.
Court’s Reasoning and Decision:
Judge Kanade, after reviewing the police papers, noted that Sakib was 23 years old and that the I.O. had prepared a spot panchnama and recorded witness statements. He also considered that Sakib had been in judicial custody since July 4, 2022, and that his police custody period was over.
“Considering the role attributed to the present applicant/accused, I am of view that he is entitled to be released on bail but on certain conditions,” Judge Kanade stated in his oral order.
Consequently, the court granted bail to Sakib Anwar Khan @ Pidda, ordering his release upon furnishing a Personal Recognizance (PR) bond of Rs. 15,000 and one or two solvent sureties of the same amount. A provisional cash security of Rs. 15,000 was also permitted for one month in lieu of the surety bond.
The court imposed several conditions, including that Sakib must attend RAK Marg Police Station every Monday until the charge sheet is filed, provide a list of blood relatives with their addresses, inform the police and court of any change in address, submit copies of identification documents, cooperate with the I.O. for address verification, refrain from influencing witnesses, not leave Mumbai without permission, and not commit similar offenses.
Implications and Significance:
This ruling highlights the court’s approach to balancing the severity of the alleged offense with the accused’s personal circumstances and the progress of the investigation. The decision underscores the importance of considering the accused’s age and lack of criminal antecedents in bail considerations.
The imposition of stringent conditions reflects the court’s effort to mitigate potential risks, such as witness tampering and flight risk, while upholding the principle of individual liberty.
The order was dictated on July 26, 2022, transcribed on the same day, and signed on July 27, 2022. It was uploaded on July 27, 2022, at 3:10 p.m.