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Pune court convicts former PCB member, two others in physical assault case
Additional chief judicial magistrate SH Salunkhe of Pune court has convicted former PCB member Manzoor Shaikh and two others under IPC in physical assault case
Pune: Additional chief judicial magistrate SH Salunkhe has convicted former Pune Cantonment Board (PCB) member Manzoor Shaikh and two others, Sadik Ismail Shaikh and Fayyaz alias Intu Nissar Shaikh, for the offence punishable under Sections 323, 324 and 452 read with Section 34 of Indian Penal Code (IPC) vide Section 248 (2) of Code of Criminal Procedure (CrPC) and directed that they be released under Section 4 of the Probation of Offenders Act on their entering into a bond in the sum of Rs7,500 each with one surety in the like amount to appear and receive sentence whenever called upon by the court within a period of one year and in the meantime to keep the peace and be of good behaviour. The trio was arrested following a first information report (FIR) lodged against them by victim Kadir Kadar Meman and his wife Shehnaz in 2009.
According to the complainant, when accused Shaikh was PCB corporator with his office in front of the scrap business shop ‘Meman Scrap Center’ of Kadir, he suspected Kadir of publishing defamatory pamphlets. On February 9, 2009, at about 8.30 pm, Shaikh barged into Kadir’s shop when he was with his friends Faruq and Razzak, and abused him and hit his head with hammer.
The accused’s accomplice Sadik assaulted on Kadir’s head with iron rod. The accused also assaulted Kadir with fist, blows and kicks. Shakil and Salim, brothers of Kadir, went to rescue him, but the accused abused and assaulted them. The accused trespassed into the house and assaulted and abused the Kadir’s wife and her father-in-law. She sustained injury on head and stomach. Kadir sustained a bleeding injury on head and fell unconscious and was taken to Sassoon hospital.
In the incident, a golden chain, bracelet and Rado watch and mobile of Kadir was missing. Injured Kadir and others were initially treated at Sassoon hospital and then, Kadir was shifted to Inlaks and Budhrani hospital. His wife reported the incident at Lashkar police station. On the basis of the complaint, an offence was registered.
The accused were arrested and on the basis of confessional statements made by accused Sadik, weapons used in the commission of offence, was discovered in presence of panchas vide punchnama. Later, Lashkar police filed chargesheet against the accused. Judicial magistrate, first class, Lashkar court, Pune, framed charge against the accused for their offence.
The accused pleaded not guilty and claimed to be tried. Then, as per the order of district and sessions judge, Pune, dated July 6, 2019, matter was transferred to the present court.
Counsel for the accused submitted that there is no previous conviction against the accused. The accused have been facing trial for the last eleven years. They are sole earning members of their family consisting of wife and children. If the accused are sent to jail, their family will be put to starvation. Therefore, considering the family background and the facts and circumstances of the case, leniency may be shown to them and they may be extended benefit of Probation of Offenders Act and may be released on bond of good behaviour.
The court directed that during the above period of one year, the accused shall be under the supervision of district probation officer, Pune or any other officer appointed in his place, on the conditions that, they will present themselves within 14 days from the date of the order before the district probation officer, Pune and will produce the copies that, they will live honestly and peaceably and will endeavour to earn honest livelihood; that, they will not associate with bad characters or lead dissolute life; that, they will not commit any offence punishable by any law in force in India, that, they will abstain from taking intoxicants; that, they will carry out such directions as may from time to time be given by the probation officer for due observance of the conditions mentioned.
The accused have been directed to execute a bond of Rs10,000 each with one surety in the like amount undertaking to abide by the conditions mentioned and are further directed to appear before the district probation officer, Pune on or before November 30. The accused have been directed to deposit the amount of Rs7,500 each within two weeks to the complainant Meman as compensation.
The accused were facing trial for the offences punishable under Sections 326, 323, 504, 427 and 452 read with Section 34 of the IPC. The court order stated that it is contended that informant Shehnaz is residing at 1870, Gafar Beg street, Camp, Pune, along with her husband Kadir. Kadir runs ‘Meman Scrap Center’ scrap business shop.
Counsel for the accused submitted that there is no previous conviction at the credit of the accused. The accused have been facing trial for the last eleven years. They are sole earning members of their family consisting of wife and children. If the accused are sent to jail, their family will be put to starvation. Therefore, considering the family background and the facts and circumstances of the case, leniency may be shown to them and they may be extended benefit of Probation of Offenders Act and may be released on bond of good behaviour.
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