Sword attack over shawarma: Man gets bail due to late trial
Mumbai, Oct. 6 -- The Bombay High Court on Saturday granted bail to a 28-year-old Thane resident accused of assaulting a woman with a sword during a heated altercation over paying for a Shawarma that he had eaten. Observing that he had spent nearly 10 months in jail while the trial is yet to begin, the court granted him bail and restrained him from entering Thane, except for attending police or court proceedings.
According to the prosecution, the case dates back to December 13, 2024, when Mohsin Rahim Shaikh and his friend went to an eatery in Wagle Estate in Thane and got into an argument with the owner when he was asked to pay Rs.60 for the Shawarma the had eaten. Shaikh left the eatery in anger and returned with a sword. He attacked the owner's mother when she intervened, causing a deep cut on her palm. Following the attack, Shaikh's friend molested the woman, the owner of the eatery claimed.
After the incident, the eatery owner approached the police and based on his complaint, the police registered a case under relevant sections of the Bharatiya Nyaya Sanhita, Arms Act and the Maharashtra Police Act for attempt to murder and molestation. Subsequently, he and his friend had been arrested.
During the hearing on Saturday, defence counsel Veerdhawal Deshmukh argued that the medical certificate of the woman was tampered with, claiming that initially, simple injuries were mentioned in the certificate, which were later altered to 'grievous' injuries. Highlighted that Shaikh had been in jail for nearly ten months with the trial yet to commence, Dekhmukh requested the court to grant bail to Shaikh.
Opposing the plea, additional public prosecutor Megha Bajoria argued that the accused already had two criminal cases against him, not including the current case, and said he might pose a threat to the victim if released on bail.
Taking into account the delay in framing charges and the time already spent in custody, justice Dr Neela Gokhale granted bail to Shaikh on a personal bond of Rs.50,000, while observing that shaikh's friend, accused of molestation, had already been released on bail by the trail court.
The court further directed Shaikh to mark his attendance at the local police station once a month and appear for the trial court's proceeding without fail. He was also ordered to deposit his passport and not travel without permission from the court, and avoid any contact with the complainant or witnesses....
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