Mumbai, September 15, 2022 – The Additional Sessions Judge S.D. Kulkarni (Court Room No. 30) rejected the bail application of Yasin Abdulla Shaikh in connection with a murder and attempted murder case registered with DCB CID Unit 5, Kurla (C.R. No. 16/2022). The court cited Shaikh’s affiliation with the “Kalim Sayyed (K. Company Gang)” and the evidence collected by the prosecution as reasons for denying bail.
Background of the Case:
Yasin Abdulla Shaikh, a 20-year-old mechanic from Wadala East, was arrested in connection with a case involving murder and attempted murder. The case was registered under Sections 302 (murder), 307 (attempt to murder), 120(B) (criminal conspiracy), and 201 (causing disappearance of evidence of offence, or giving false information to screen offender)1 read with 34 (acts done by several persons in furtherance of common intention) of the2 Indian Penal Code (IPC) and Sections 3, 4, 25, and 27 of the Indian Arms Act.
Arguments Presented:
Advocate Ravishankar Dwivedi, representing Shaikh, argued that the charge sheet had been filed, and there was nothing further to be investigated. He emphasized that his client had been in judicial custody for a long time and that no sufficient material had been collected against him. He also argued that the FIR and witness statements did not show Shaikh assaulting anyone or participating in the crime, and that he was merely arrested because he was a friend of the co-accused. He further submitted that Shaikh was a mechanic from a poor family and his family depended on him.
Additional Public Prosecutor (APP) Lade, representing the State, opposed the bail application. He argued that Shaikh was a member of the “Kalim Sayyed (K. Company Gang)” and that the clothes of co-accused were seized from his possession. He also mentioned that many similar crimes were registered against Shaikh and that if he was released on bail, he could threaten prosecution witnesses or abscond.
Court’s Reasoning and Decision:
Judge Kulkarni, after reviewing the FIR, charge sheet, and witness statements, concluded that sufficient material had been collected by the prosecution against Shaikh.
“All these facts shows that sufficient material collected by the prosecution against the accused. So offence is serious in nature,” Judge Kulkarni stated in his order.
The court also considered the seriousness of the offense and Shaikh’s gang affiliation.
“The allegation against the accused persons are serious. Present accused No.7 is a member of gang of K. Company therefore, if accused release on bail there is possibility of threatening the prosecution witnesses,” Judge Kulkarni stated.
The court also expressed concern about the possibility of Shaikh absconding.
“There is possibility of absconding the accused can not be ruled out,” Judge Kulkarni stated.
Consequently, the court rejected the bail application of Yasin Abdulla Shaikh.
Implications and Significance:
This ruling highlights the court’s consideration of gang affiliation and the evidence collected by the prosecution in bail matters, particularly in cases involving serious offenses like murder and attempted murder. The decision underscores that even if the charge sheet is filed, bail can be denied if there is sufficient material against the accused and a risk of witness intimidation or absconding.
The court’s concern about the accused’s gang affiliation also reflects a strict approach, ensuring that individuals associated with criminal gangs are not released on bail if there is a risk to society.
The order was dated September 13, 2022, and signed and uploaded on September 15, 2022, at 5:00 p.m.