Mumbai, Maharashtra – The Sessions Court for Greater Mumbai has granted regular bail to Mohd. Tayyab Mohd. Aslam Shaikh, a 21-year-old service worker, who was arrested in connection with a case involving rash driving and obstruction of a public servant. The order was issued on April 8, 2022, by Additional Sessions Judge Purushottam B. Jadhav in Criminal Bail Application No. 694 of 2022.
Shaikh was arrested on March 23, 2022, under Crime No. 121 of 2022 registered at Mahim Police Station. The charges against him include offenses under Sections 279 (rash driving or riding on a public way), 336 (act endangering life or personal safety of others), 186 (obstructing public servant in discharge of public functions), and 353 (assault or criminal force to deter public servant from discharge of his duty) of the Indian Penal Code (IPC). Additionally, he faces charges under Sections 184 (driving dangerously), 4 (necessity for driving licence), read with 122 (leaving vehicles in dangerous position) of the Motor Vehicles Act.
Arguments and Court’s Decision
Mr. Ashutosh Shukla, the learned advocate for the applicant, sought regular bail for Mohd. Tayyab Mohd. Aslam Shaikh. The respondent State, represented by learned A.P.P. Mr. J. N. Suryawanshi, resisted the bail application, expressing concerns about the possibility of the applicant repeating the offense and tampering with witnesses.
Upon reviewing the application, the prosecution’s reply, and hearing arguments from both sides, the court observed that among the invoked sections, only Section 353 of the IPC is a non-bailable offense. The court noted that the applicant has no prior criminal antecedents and is a resident of Mumbai.
Considering these facts, Additional Sessions Judge Purushottam B. Jadhav was of the opinion that imposing appropriate bail conditions would adequately address the apprehension raised by the prosecution regarding the repetition of the offense and witness tampering. Therefore, the court deemed it “just and proper to release the applicant on conditional bail.”
Conditions for Bail
The court allowed Bail Application No. 694 of 2022 and ordered the release of Mohd. Tayyab Mohd. Aslam Shaikh on executing a Personal Recognizance (P.R.) bond of Rs. 15,000 with one surety of the like amount. The bail is subject to the following conditions:
- He shall not tamper with the witnesses and evidence.
- He shall furnish his detailed address, mobile/contact number, address proof, and identity proof at the time of furnishing bail.
- In case of any change in his residence or mobile/contact number, he shall inform both the Court and the Investigating Officer.
- He shall attend the Court regularly.
- He shall cooperate with the Investigating Officer.
- He shall attend the concerned police station (Mahim Police Station) every Monday and Wednesday between 9:00 a.m. to 11:00 a.m. until the charge-sheet is filed.
The court also clarified that the bail should be furnished before the concerned Metropolitan Magistrate, and if the case is committed to the Sessions Court, the bail would then be furnished before that court.
The bail application was disposed of accordingly.