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regular-article-logo Saturday, 05 October 2024

Relief for Mohammed Shami as court grants bail in estranged wife's case

With less than a month to go before the world cup, Shami’s bail in this five year-old case should act as a tension-release pill

Sougata Mukhopadhyay Calcutta Published 19.09.23, 08:27 PM
Mohammed Shami

Mohammed Shami File Picture

Ace bowler of the Indian men’s cricket squad, Mohammed Shami, heaved a sigh of relief on Tuesday after he, along with his brother Mohammed Hasim, were granted bail by a trial court in Alipore in connection with a case of inflicting torture and cruelty on the cricketer’s estranged wife Haseen Jahan.

With less than a month to go before the world cup, Shami’s bail in this five year-old case should act as a tension-release pill and allow the cricketer to focus on his game since he has already been named in the national squad, observers felt.

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The bail order was pronounced after Shami appeared in person before the court this afternoon, for the first time since hearings in the case began. Said Salim Rahaman, Shami’s counsel, “Police have filed a charge sheet against Md Shami and his brother. The law states that once the charge sheet is submitted, the accused will have to appear before the court and seek bail in self defense. Accordingly we appeared before the court today and moved a bail prayer. The court has granted bail to both the siblings. Shami will henceforth participate in the upcoming legal proceedings in this case as required in law.”

On March 8, 2018 Shami’s wife Hassen Jahan lodged a complaint of torture and cruelty against the cricketer, his brother and other in-laws before the Jadavpur police station. Subsequently an FIR against the accused was lodged under sections 498A (subjecting wife to cruelty), 323 (voluntarily causing hurt), 307 (attempt to murder), 376 (punishment for sexual assault), 506 (punishment for criminal intimidation), 328 (causing hurt by means of poison) and 34 (common intent) of the IPC.

In the charge sheet filed by the police, the cases were dropped against the rest except Shami and Hasim. In August 2019, the court of Additional Chief Judicial Magistrate in Alipore Court issued an arrest warrant against the two brothers which was subsequently stayed by the district sessions court. Jahan later moved Calcutta High Court challenging the district court order which the appeals court dismissed. Jahan also moved the Supreme Court which ruled last month that the matter would have to be disposed of by the sessions judge within a month after hearing both parties. Accordingly the matter was taken up by the South 24 Parganas district sessions court from the second week of July this year.

On August 23 the sessions court observed that, based on the investigations and charge sheet, it found no reason for the cricketer to remain personally present in court during hearing but directed the accused siblings to appear before a trial court in person within the next 30 days to initiate trial proceedings and appeal for bail.

Accordingly, lawyers said, Shami appeared before the court after returning to India from the Asia Cup tournament. It was an obligation, lawyers added, that Shami had no scope of avoiding although he never appeared before any of the higher courts during the course of the hearings which have so far dragged on for over four years.

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