MUMBAI, May 13, 2024 — The Court of Sessions for Greater Mumbai, presided over by Additional Sessions Judge A.S. Salgar (C.R. No.24), has allowed the second bail application of Abbas Ali Adam Ali Sheikh, an accused facing serious charges including attempted murder (Section 307 of the Indian Penal Code) and criminal intimidation (Section 506(2) of the IPC). The order, passed on May 8, 2024, mandates the release of Sheikh on regular bail in connection with C.R. No. 14/2024 registered at Deonar Police Station.
Bail Granted Due to ‘Change in Circumstance’
The accused, through his counsel Ms. Anjali Awasthi, Ld. Advocate, filed the application under Section 439 of the Code of Criminal Procedure, 1973. This was the second attempt by Sheikh for bail, as his initial application was rejected by the same court on February 13, 2024.
The court explicitly noted that the primary reason for allowing the second application was the significant “change in circumstance”: the investigation has been completed and the charge-sheet has been filed against the accused. The Judge held that the second application was maintainable because the initial reason for rejection—that the investigation was ongoing—no longer stood.
Allegations of Knife Attack and Disputed Evidence
The charges against Sheikh include Sections 307 (Attempt to murder), 323 (Voluntarily causing hurt), 504 (Intentional insult with intent to provoke breach of the peace), 506(2) (Criminal intimidation) of the IPC, and Sections 37(1)(A) read with 135 of the Maharashtra Police Act.
According to the report lodged by the informant, Sohel Irfan Ali Shaikh, the incident occurred on January 13, 2024, at about 8:30 p.m. in Gautam Nagar, Deonar. It was alleged that the accused, Abbas, was verbally abusing and assaulting people. When the informant’s father, mother, and brother arrived, the accused allegedly became aggressive, abused them, and then used a knife (sharp weapon) to inflict blows on the informant’s neck, face, and forehead. Further, the accused is alleged to have stabbed the informant’s father in the stomach and face, and assaulted the brother on his right elbow, causing grievous injuries.
However, the court pointed to material inconsistencies between the FIR and the Medical-Legal Case (MLC) papers presented by the prosecution:
- The informant did not disclose the name of the accused or the specific details of the assault on the neck, forehead, and face to the Medical Officer.
- The MLC papers only showed an injury to the upper lips of the complainant and did not corroborate the grievous injuries mentioned on the face, neck, and forehead in the FIR.
The court acknowledged that the weapon used in the crime had been recovered and witness statements recorded, but considered the completion of the investigation a key factor.
Rejection of ‘Habitual Offender’ Argument
The prosecution, represented by Ld. APP O.S. Maraskolhe, strongly opposed the bail, arguing that Sheikh was a “habitual offender” with other crimes registered at Deonar police station, and that his release would lead to tampering with evidence and absconding.
The court dismissed this contention, stating unequivocally that the mere pendency of other criminal cases against an applicant is not a sufficient ground for denying bail. The judge emphasized that the criminal history of the accused would not obstruct the grant of bail in this case.
Conditional Release After Three Months in Custody
The court noted that the accused has been in judicial custody since his arrest on January 14, 2024, amounting to more than three months. The judge reasoned that keeping him behind bars would serve no further purpose now that the charge-sheet has been filed and that further delay would “amount to pre-trial conviction.”
Abbas Ali Adam Ali Sheikh was granted regular bail on the condition of furnishing a Personal Recognizance (P.R.) Bond of Rs. 1,00,000/− (Rupees One Lakh Only) along with one or two sureties in the like amount.
The bail is subject to several stringent conditions to ensure the integrity of the trial:
- The accused must attend the trial regularly.
- He is prohibited from directly or indirectly making any inducement, threat or promise to any person acquainted with the facts of the case, and must not tamper with the evidence or prosecution witnesses.
- The accused shall not leave India without the prior permission of the Sessions Court.
- The accused shall not enter the jurisdiction of Deonar Police Station after being released on bail until the trial concludes, except for the purpose of attending the trial.
The court explicitly warned that the breach of any of these conditions will result in the cancellation of bail.