Mumbai, Maharashtra – In a significant development, Abdul Sattar Shakil Ahmed Shahbazkar, who was convicted of grievous hurt and intentional insult, has been granted bail and had his conviction suspended by the Court of Session for Greater Bombay at Mumbai. The order, issued on April 4, 2022, by Additional Sessions Judge Smt. A.D. Deo, allows Shahbazkar to remain free while his appeal against the conviction is heard.
Shahbazkar had been found guilty by the 25th Metropolitan Magistrate Court, Mazgaon, Mumbai, on February 15, 2022, in Criminal Case No. 253/PW/2020. He was convicted under Section 326 of the Indian Penal Code (IPC) for voluntarily causing grievous hurt by dangerous weapons or means, receiving a sentence of two years of simple imprisonment and a fine of ₹10,000. In default of paying the fine, he would have to undergo an additional six months of simple imprisonment. Furthermore, he was also convicted under Section 504 of the IPC for intentional insult with intent to provoke a breach of the peace, leading to a sentence of six months of simple imprisonment and a fine of ₹5,000, with a default of three months of simple imprisonment.
Shahbazkar subsequently filed Criminal Appeal No. 161 of 2022 challenging the trial court’s judgment. Concurrently, he filed Miscellaneous Application No. 554 of 2022, seeking the suspension of his conviction and order until the appeal was decided, and Bail Application No. 705 of 2022, requesting bail during the appeal process.
During the hearing, Ms. Sneha Dixit, the learned advocate representing Shahbazkar, argued on his behalf. Mrs. Jyoti Sawant, the learned Special Public Prosecutor, appeared for the State of Maharashtra.
After reviewing the record, the Additional Sessions Judge noted that the accused had “hopes of success in Appeal” and had been on bail during the trial phase. Considering these factors, the court deemed it in the “interest of justice” to allow both applications.
Order Highlights:
- Miscellaneous Application No. 554 of 2022 in Appeal No. 161 of 2022 was allowed, suspending the impugned order dated February 15, 2022, until the appeal’s decision.
- Bail Application No. 705 of 2022 in Appeal No. 161 of 2022 was also allowed.
- Abdul Sattar Shakil Ahmed Shahbazkar is to be released upon executing a personal bond and surety bond (PB and SB) of ₹15,000 with one or more sureties for the like amount.
Conditions for Bail:
The court imposed several conditions on Shahbazkar for his bail, including:
- Furnishing his mobile/landline numbers and those of two close relatives/friends and family members residing preferably in Mumbai to the concerned police station, and not changing these contact details until the conclusion of the trial.
- Producing proof of identity and residence in Mumbai at the time of executing the bail bonds.
- Attending every date of the appeal hearing.
- Not leaving India without prior court permission.
- Not committing any offense while on bail.
The court explicitly warned that any breach or default of these conditions would be viewed seriously and could lead to the cancellation of bail. The order has been communicated to the Trial Court, and a copy is to be maintained in the appeal record.
The case underscores the legal recourse available to convicted individuals to challenge judgments and seek interim relief while their appeals are being heard in higher courts. The suspension of conviction and grant of bail will allow Shahbazkar to pursue his appeal from outside judicial custody.