Mumbai, July 30, 2022 – Danish Amjad Shaikh @ Danish Khan has been granted bail by the Sessions Court for Greater Bombay in connection with a major theft case. Additional Sessions Judge A.A. Kulkarni granted bail, citing the lack of any recovery from Shaikh and his arrest solely based on the statement of a co-accused.

Shaikh, 19, was arrested in connection with Crime No. 535/2022, registered at L.T. Marg Police Station. He was implicated in the theft of gold biscuits, gold pieces, and diamonds worth crores of rupees.

The Allegations and Prosecution’s Case

The complainant, a tenant of a room used as a godown, reported that between April 30, 2022, and May 5, 2022, while he was away, his room was broken into, and gold and diamonds stored in the ceiling were stolen. The prosecution’s case relied on the statements of co-accused individuals who led to the recovery of some of the stolen items. Specifically, Sameer Shaikh allegedly informed Mohsin Shaikh that he had kept some gold with his brother, Danish Shaikh.

Defense Arguments and Court’s Observations

Shaikh’s defense argued that he was falsely implicated in the case and that the investigation was completed. They emphasized that nothing was seized from Shaikh, and there was no material establishing his involvement or receipt of stolen property. They also pointed out that Shaikh was arrested solely based on the statement of another accused.

The court, after reviewing the charge sheet and hearing arguments from both sides, noted that:

• Shaikh was arrested on July 11, 2022.
• Nothing was seized from Shaikh during the investigation.
• Shaikh’s arrest was based solely on the statement of co-accused Sameer Shaikh.
• The investigation against Shaikh was completed.
• There were no offenses against Shaikh regarding the commission of the theft or receiving stolen property.

Reasons for Granting Bail

The court cited the following reasons for granting bail:

• Lack of Recovery: Nothing was recovered from Shaikh.
• Reliance on Co-Accused Statement: Shaikh’s arrest was based solely on the statement of a co-accused.
• Completed Investigation: The investigation against Shaikh was completed.
• No Evidence of Involvement: There was no evidence linking Shaikh to the commission of the theft or the receipt of stolen property.

Conditions of Bail

Shaikh was granted bail on the following conditions:

• He must execute a personal bond of Rs. 25,000 along with one or two sureties of the same amount.
• He must attend L.T. Marg Police Station upon notice by the investigating officer.
• He must furnish his residential address proof and contact numbers to the investigating officer.
• He must not directly or indirectly influence or threaten any witness.
• He must not leave India without prior permission from the court.
• Bail before the Ld. Court below.

Implications and Future Proceedings

The granting of bail highlights the court’s emphasis on direct evidence and the importance of distinguishing between mere allegations and concrete proof. The court’s decision also reflects the principle that bail should be granted unless there are compelling reasons to deny it. The case will proceed to trial, where the prosecution will present its evidence, and the defense will have the opportunity to challenge the allegations. This decision reflects the courts careful consideration of facts and circumstances in criminal proceedings.