MUMBAI, April 18, 2024 — The Court of Additional Sessions Judge for Greater Mumbai has granted regular bail to Arbaz Asif Khan, one of the accused in a case involving charges of attempt to murder (Section 307 of the IPC) arising from a group altercation. The court allowed the bail application primarily because the allegations against Khan were limited to non-fatal, non-weapon-based assault.

Additional Sessions Judge Shri A. S. Salgar (C.R. No.24) passed the oral order on April 18, 2024, in connection with C.R. No. 254/2024 registered at Deonar Police Station. The accused faced serious charges including Sections 307, 506(2) (Criminal intimidation), 323 (Voluntarily causing hurt), and unlawful assembly sections 143, 144, 147, 148 read with 149 of the IPC, along with provisions of the Maharashtra Police Act.

Bail Granted Due to Limited Role: Fist and Kick Blows

The defense counsel, Ms. Feroza Shaikh, argued that Khan was falsely implicated, had been in custody since March 4, 2024, and that the primary investigation was complete. They also noted that Khan had filed a counter-complaint against the informant’s group on the same day.

The prosecution, through Ld. APP Sachin Patil, opposed the application, stating the offense was serious, deadly weapons were used, and the accused created “terror in the area.”

The Sessions Judge, upon reviewing the First Information Report (FIR), found a significant distinction in the role assigned to Arbaz Asif Khan:

• The FIR only alleged that Khan, along with other accused, “assaulted to witness Tushar by fist and kick blow.”
• The court specifically noted: “There are no allegation in F.I.R. that applicant/accused assaulted to complainant and witness by any weapon. His role is limited one.”

The Judge concluded that all serious allegations, particularly those involving weapons and the attempt to murder (Section 307), were against the principal accused, Yasin Khan, Shafik, and others, and not against the applicant.

No Purpose Served by Continued Detention

Finding that Khan’s role was limited, no recovery had been effected at his instance, and the investigation was “practically completed,” the court held that no purpose would be served by keeping him behind bars. The Judge noted that denying bail in such circumstances “will amount to pre-trial conviction,” especially since the trial would take time to commence.

Khan was released on regular bail on furnishing a Personal Recognizance (P. R.) Bond of Rs. 25,000/− along with one or two sureties of the like amount.

Stringent Conditions for Monitoring

To mitigate the prosecution’s concerns and ensure the accused’s participation in the legal process, the court imposed the following mandatory conditions:

• Mandatory Police Reporting: The applicant is directed to attend the concerned police station every Sunday between 10:00 a.m. and 12:00 noon until the charge-sheet is filed.
• No Tampering: The accused must not directly or indirectly make any inducement, threat, or promise to witnesses and should not tamper with the evidence and prosecution witnesses.
• Future Conduct: He is directed not to commit similar types of offence.
• Travel Restriction: The applicant shall not leave India without prior permission of the Sessions Court.

The court also allowed a provisional cash bail of Rs. 25,000/− for a period of four weeks to allow the accused time to furnish the necessary surety. Breach of any condition will result in the cancellation of bail.