Mumbai, February 2, 2022 – Shahbaaz Iftekhar Vasi Ansari, a 19-year-old student, has been granted bail by the Sessions Court for Greater Mumbai in a case of culpable homicide not amounting to murder. Additional Sessions Judge Purushottam B. Jadhav (Court Room No. 22) issued the order on February 1, 2022.
Ansari was arrested in connection with C.R. No. 14 of 2022, registered at the V.B. Nagar Police Station, for offenses under Section 304(ii) (culpable homicide not amounting to murder) read with 34 (acts done by several persons in furtherance of common intention) of1 the Indian Penal Code (IPC).
Background and Allegations:
According to the FIR, Nabil Wasim Ahmed Shaikh was swimming in the parking slot of a half-constructed building when cement blocks placed on a window were pushed, falling on Nabil and causing fatal head injuries. The prosecution alleged that Ansari and others were responsible for pushing the blocks.
Arguments Presented:
Advocate Mohammad Ahmed, representing Ansari, argued that the offense under Section 304(ii) of the IPC was not applicable to his client. He pointed out a six-month delay in filing the FIR and asserted that Ansari played no role in the alleged crime. He emphasized that Ansari was a 19-year-old student whose education would be jeopardized if he remained in custody. He also stated that Ansari was a resident of Mumbai and willing to abide by any bail conditions.
Additional Public Prosecutor (APP) J.N. Suryawanshi argued that the accused had knowledge that pushing the cement blocks would endanger the lives of those playing below, thereby attracting Section 304(ii) of the IPC. He stated that the offense was serious and the investigation was ongoing, requesting the court to reject the bail application.
Court’s Reasoning and Decision:
Judge Jadhav reviewed the FIR and the prosecution’s reply. He noted that while the prosecution alleged that the accused pushed the cement blocks, the FIR and the prosecution’s statement indicated that co-accused Abdulla was the one who actually pushed the blocks. There was no direct evidence linking Ansari to the act of pushing the blocks.
The court acknowledged that it was premature to determine the applicability of Section 304(ii) of the IPC, as the investigation was ongoing. However, it emphasized that there was no evidence showing Ansari’s role in throwing the cement blocks. The court also noted that there was no indication that Ansari would tamper with witnesses, evidence, or abscond.
The court considered Ansari’s age, student status, and permanent residency in Mumbai. Considering these factors, the court granted bail to Ansari.
Bail Conditions:
Ansari was granted bail upon executing a personal bond of Rs. 25,000 with one or more sureties aggregating to Rs. 25,000. The following conditions were imposed:
- Ansari must not tamper with witnesses or evidence.
- He must provide his detailed address, mobile/contact number, address proof, and identity proof at the time of furnishing bail.
- He must inform the court and investigating officer of any change in his residence or mobile/contact number.
- He must attend court regularly.
- He must cooperate with the investigating officer.
- Bail to be furnished before the concerned Metropolitan Magistrate or, if the case is committed, before the Sessions Court.
Order Details:
The order was directly typed on the computer on February 1, 2022, printed on the same day, and signed on an unspecified date. The certified copy was uploaded on February 2, 2022, at 11:35 a.m.
This decision reflects the court’s consideration of the lack of direct evidence linking Ansari to the fatal act, his age, student status, and residency, along with the imposition of conditions to ensure his compliance with the legal process.