Mumbai, May 23, 2022 – The Additional Sessions Judge Purushottam B. Jadhav granted bail to Mohd. Ishaque Jamil Ahmed Kazi, also known as Mohd. Isaj Jimal Ahmed Shaikh, a 29-year-old vegetable seller, in an assault case registered at Shivaji Park police station. The decision, delivered on May 23, 2022, was based on the court’s assessment that the investigation was nearly complete, the alleged weapon had been recovered, and the accused had no prior criminal record.

Kazi, a resident of Antop Hill, Wadala, Mumbai, was arrested in connection with Crime No. 209 of 2022, which involved charges under Sections 324 (voluntarily causing hurt by dangerous weapons or means) and 326 (voluntarily causing grievous hurt by dangerous weapons or¹ means) of the Indian Penal Code² (IPC).

According to the prosecution, on April 21, 2022, between 2:30 PM and 2:45 PM, Kazi allegedly assaulted the complainant with a knife, inflicting injuries on the stomach.

Kazi, through his advocate Mr. Prakash Sutar, sought bail. The prosecution, represented by Additional Public Prosecutor (APP) Ms. Pranjali Joshi, opposed the application, citing the possibility of Kazi absconding or tampering with witnesses.

During the hearing, Judge Jadhav considered the arguments and reviewed the case records. He noted that the investigation was nearly complete, the alleged weapon (the knife) had been recovered, and the victim had been discharged from the hospital. Crucially, the court also observed that Kazi had no prior criminal record.

“Learned A.P.P. submitted that there is possibility of abscondance of the applicant and tampering of witnesses. It may be noted that the almost investigation is over. The knife, alleged weapon of offence, is also recovered. The victim is discharged from the Hospital. There is no criminal antecedent of the applicant. Considering these facts, nature of the offence and totality of the case, I am of the opinion that it would be just and proper to release the applicant on bail,” Judge Jadhav stated in his order.

Consequently, the court granted Kazi bail, ordering him to execute a personal bond of Rs. 15,000 with one surety of the same amount. The court also imposed several conditions, including:

• Not tampering with witnesses or evidence.
• Furnishing detailed address, mobile/contact number, address proof, and identity proof at the time of furnishing bail.
• Informing the court and Investigating Officer of any change in residence or mobile/contact number.
• Attending court regularly.
• Cooperating with the Investigating Officer.

The order, digitally signed on May 23, 2022, was uploaded at 3:50 PM on the same day, as certified by stenographer Bahushruta Y. Jambhale.

This ruling underscores the judiciary’s consideration of the progress of investigations, the recovery of evidence, and the accused’s criminal history when deciding bail applications. It also highlights the court’s role in balancing the rights of the accused with the imperatives of law enforcement.