Intro Summary

The Court of Sessions for Greater Mumbai has granted regular bail to Arbaz Asif Khan, the applicant in Bail Application No. 936 of 2024, connected to a serious case involving charges of attempted murder and unlawful assembly at Deonar Police Station (C.R. No. 254/2024). The order, passed by H.H. Additional Sessions Judge A.S. Salgar on April 18, 2024, critically examined the specific allegations in the FIR. Despite being charged under Section 307 IPC (Attempt to Murder) along with other serious sections (including 143, 147, 148, 149, and 506(2)), the Court found that the applicant’s role was “limited one,” confined to assaulting a witness with fist and kick blows and not using any deadly weapon. Consequently, the Judge ruled that keeping the applicant in custody would amount to pre-trial conviction, and allowed bail subject to strict conditions.

Prosecution’s Arguments

The Investigating Officer, through the say at Exh. 02, strongly resisted the bail application. The prosecution’s primary objections were:

1. The name of the applicant, Arbaz Asif Khan, is explicitly mentioned in the FIR.
2. The offence is serious in nature, involving a large group.
3. The accused used deadly weapons and created terror in the area.
4. The investigation is still in progress.Based on these points, the Ld. APP, Mr. Sachin Patil, prayed for the rejection of the bail application.

Defense’s Arguments

Ld. Advocate Ms. Feroza Shaikh, appearing for the applicant, argued that Arbaz Asif Khan was innocent and falsely implicated. The defense highlighted that the applicant himself had lodged a counter-complaint against the complainant and his associates on the very same day. Key mitigating factors presented were:

1. The applicant has been in custody since March 4, 2024.
2. Primary investigation is completed.
3. The applicant has no criminal antecedents.
4. The applicant is ready to abide by any terms and conditions imposed by the Court.The defense sought regular bail, asserting that his continued detention was unnecessary.

Court’s Analysis and Rationale (H.H. Addl. Sessions Judge A.S. Salgar)

The Court critically analyzed the specific allegations detailed in the FIR against the applicant. The Judge’s reasoning for granting bail was entirely based on the applicant’s limited role as recorded in the complaint:

1. Limited Role: The specific allegation against Arbaz Asif Khan was that he, along with others, assaulted a witness named Tushar only by fist and kick blow.
2. No Weapon Usage: The Court explicitly noted that “There are no allegation in F.I.R. that applicant/accused assaulted to complainant and witness by any weapon.” The use of deadly weapons was attributed to the principal accused (Yasin Khan, Shafik, and others), and not to the applicant.
3. Investigation Status: The applicant has been in jail since March 4, 2024, and “nothing has been recovered at his instance.” The investigation concerned with the applicant is “practically completed.”
4. No Purpose Served: The Court held that “No purpose will be served by keeping applicant behind bar” when it will take time for the trial to commence, concluding that denying bail would amount to “pre-trial conviction.”

Finding no serious allegations against him and noting his lack of criminal antecedents and status as a permanent resident of Mumbai (mitigating flight risk), the Court allowed the application. Arbaz Asif Khan was released on a P.R. Bond of ₹25,000/- and one or two sureties in the like amount. Stringent conditions included attending the Deonar Police Station every Sunday between 10:00 a.m. to 12:00 noon until the charge-sheet is filed, and refraining from tampering with evidence or committing similar offenses. Provisional cash bail for a period of four weeks was also allowed.