Mumbai, April 20th, 2022 – The Sessions Court for Greater Bombay has rejected the bail application of Farukh Musaheb Khan, a 23-year-old resident of Wadala, who was arrested in connection with an attempted murder case. The court, presided over by Additional Sessions Judge R.M. Sadrani, denied the bail, citing the grievous nature of the victim’s injuries and Khan’s criminal history.
Khan was arrested in connection with C.R. No. 523 of 2021, registered at the Wadala Police Station, involving charges under Sections 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 506(II) (criminal intimidation), 504 (intentional insult with intent to provoke breach of the peace), and 201 (causing disappearance of evidence of offence, or giving false information to screen offender) read with 34 (acts done by several persons in furtherance of common intention) of the1 Indian Penal Code, Sections 4 and 25 of the Arms Act, and Sections 37(1)(A), 135, and 142 of the Maharashtra Police Act.
According to the prosecution, the complainant, Santosh Padmakar Ambade, a supervisor at Labdhi Towers, alleged that Khan, along with co-accused Arbaj and Wasim, entered his office and assaulted Shoeb Daware with knives. The incident stemmed from a dispute over damage to Khan’s friend’s two-wheeler, for which Khan was demanding Rs. 5,000 from Ambade.
Khan’s defense, presented by Advocate R.P. Singh, argued that Khan was arrested on October 24th, 2021, and had been in custody since. He claimed that the victim had a criminal background, that the victim’s statement was recorded two days after the FIR, and that eyewitness statements were not recorded on the day of the incident. Singh also argued for parity with co-accused Wasim, who was granted bail.
The prosecution, represented by Additional Public Prosecutor Abhijeet Gondwal, opposed the bail, highlighting the severity of the victim’s injuries, particularly the stab wound to the abdomen. He presented photographs of the crime scene and the medical report, which described the abdominal injury as life-threatening. He also pointed out that one of the knives was recovered from the scene and was considered dangerous.
Judge Sadrani, in his order, considered the medical report, which confirmed the life-threatening nature of the abdominal injury. He also acknowledged the prosecution’s claim that Khan had a criminal history, including offenses against the body and property.
“As per say of the prosecution, there is criminal history against the applicant including body offence and property offence,” Judge Sadrani stated. “Knife recovered from the spot apparently is of such a nature which is dangerous to the life as appears from the photographs of the spot. Considering all these facts and circumstances, this is not a fit case to grant bail.”
Consequently, the court rejected Khan’s bail application.
The court’s decision emphasizes the seriousness of the offense and the accused’s criminal history in denying bail. The Wadala Police Station will continue its investigation and prosecution of the case.