The Court of Sessions for Greater Bombay has granted bail to seven applicants who were arrested in connection with the large-scale public disturbance and assault on police officials outside the Ghatkopar Police Station. The incident occurred on February 4, 2024, following the detention of a religious scholar, Mufti Azhari.

Additional Sessions Judge S. M. Tapkire (C.R.60) issued a common order on March 11, 2024, allowing Criminal Bail Application Nos. 515, 526, and 527 of 2024. The applicants were charged under multiple sections of the Indian Penal Code (IPC), including 353, 332, 333 (Assault or use of criminal force to deter a public servant from discharge of duty and causing hurt/grievous hurt), 141, 147, 149 (Unlawful Assembly and Rioting), Section 7 of the Criminal Law (Amended) Act, and Section 37(1), 37(3) read with 135 of the Maharashtra Police Act.

The Incident and Allegations

According to the prosecution, the incident unfolded after the Gujarat ATS Squad detained Mufti Azhari and brought him to the Ghatkopar Police Station. Around 5:30 p.m., a mob of approximately 1,000 followers gathered, demanding the immediate release of the scholar. When police did not comply, the mob allegedly started pelting stones at the police station and personnel, resulting in injuries to 20 police staff and officials.

The police registered a crime against 17 “culprits” and subsequently arrested 21 individuals, including the seven applicants:

Bail Application No.	Applicant Name(s)	Original Accused No.	Occupation
515/2024	Azharuddin Nasiruddin Shaikh	7	Business
	Arif Adam Khatri	8	Interior Designer
526/2024	Mohammed Hashim Salim Shaikh	5	Rickshaw Driver
	Ahmed Kallu Khan	9	Social Worker
	Aslam Wasim Khan	10	N/A
527/2024	Mohammad Suheel Shaukat Ali Ansari	19	Gents Tailor
	Hakeekullah Atiullah Ansari	20	Gents Tailor

Reasoning for Granting Bail

The prosecution, represented by Ld. S.P.P. Manisha J. Parmar, vehemently opposed the bail, citing the serious nature of the attack on public servants and the availability of video evidence to establish their active involvement.

However, the defense counsels—including Ld. Adv. Mubin Solkar, Tausif Ansari, and Usman Shaikh—argued for bail on the ground of parity, noting that 12 co-accused were already enlarged on bail.

Judge Tapkire acknowledged the seriousness of the attack on public servants but made several critical observations that leaned in favor of granting bail:

• Limited Physical Evidence: Despite the allegation of a mob of 1,000 people pelting stones and injuring 20 officers, the police were only able to seize 16 small stones and two pairs of chappals and shoes during the spot panchanama.
• General Allegations: The allegations against the present applicants were of a “similar common and general in natures” compared to those already granted bail.
• Sufficient Time for Investigation: The investigating machinery had been given “sufficient considerable time to investigate” the material facts and identify all other “involvers.”

The court concluded that further custodial detention of the applicants was “not essential necessary for any considerable reason cause,” and that their liberty could be secured by imposing stringent conditions.

Stringent Conditions for Release

All seven applicants were released on executing a P.R. Bond of Rs. 1,00,000/− (Rupees One Lakh Only) each and furnishing one or two solvent sureties in the like amount.

The stringent conditions imposed on all applicants include:

• Mandatory Police Attendance: The applicants shall record their attendance at the Ghatkopar Police Station every Saturday between 11:00 a.m. to 05:00 p.m. until the charge-sheet is submitted.
• Trial Attendance: The applicants shall attend every date of trial without fail.
• Prohibition of Criminal Activity: The applicants shall not indulge in any criminal activity.
• No Tampering: They must not tamper or hamper the prosecution witnesses and evidence in any manner.
• Travel Restriction: They shall not leave India without the prior permission of the Ld. Trial Court.