Mumbai, July 11, 2022 – Siddhesh Abhimanyu Kamble, accused of robbery, criminal intimidation, and offenses under the Arms Act, has been granted bail by Additional Sessions Judge Anand Pandurang Kanade. Despite the prosecution’s argument citing the accused’s history of prior offenses, the court imposed stringent conditions before releasing him on bail.

Kamble was arrested in connection with Crime No. 146 of 2022 registered at Ghatkopar Police Station. He was charged under Sections 394 (robbery), 506(2) (criminal intimidation), and 504 (intentional insult with intent to provoke breach of the peace) of the Indian Penal Code¹ (IPC), as well as Sections 4 and 25 of the Arms Act and Sections 37(1)(a) and 135 of the Maharashtra Police Act.

Prosecution’s Case:

The complainant, Munna Ahemad Nijamuddin Siddique, alleged that Kamble approached him for money to buy “Tadi” (toddy). When the complainant refused, Kamble allegedly threatened him with a knife, assaulted him, and stole Rs. 1,500 from his pocket.

Defense Arguments:

Advocate Sumedh Jagtap, representing Kamble, argued that his client was falsely implicated. He emphasized that the investigation was complete, the charge sheet had been filed, and his client was ready to abide by any imposed conditions.

Prosecution’s Stance:

Smt. Seema Deshpande, Ld. Addl. P.P., representing the State, opposed the bail application, arguing that Kamble was a habitual offender with 13 pending cases and that there was a high possibility of him repeating the crime if released.

Court’s Observations and Decision:

Judge Kanade, after reviewing the charge sheet, noted that the investigation was complete and the charge sheet had been submitted. He acknowledged the prosecution’s concerns about Kamble’s criminal history but stated that further detention was not essential.

“He is ready to abide by the terms and conditions that may be imposed on him. In my view, further detention of the applicant/accused is not essential. For the foregoing reasons, I am of view that applicant/accused is entitled to be released on bail but on certain conditions,” Judge Kanade stated in his order.

Conditions of Bail:

Kamble was granted bail on the following conditions:

• He must execute a personal bond of Rs. 20,000 and provide one or two solvent sureties of the same amount.
• A provisional cash security of Rs. 20,000 is permitted for one month in lieu of the surety bond.
• He must submit a list of at least three blood relatives with their detailed residential and work addresses, along with documentary proof.
• He and his sureties must inform the police and the court of any change in their residential addresses.
• He must submit copies of at least two identity and address proofs, such as PAN card, Aadhaar card, ration card, electricity bill, voter ID card, or property documents.
• The Investigating Officer must conduct physical verification of the residential addresses provided.
• He must not influence or threaten any witness or tamper with evidence.
• He must not leave the territorial limits of Mumbai without prior court permission.
• He must not commit any similar offenses.
• Conditions related to document submission and verification must be complied with before or during the furnishing of the cash security or surety bond.
• Bail to be furnished before the Court of Metropolitan Magistrate.

Implications:

This decision highlights the court’s balancing act between granting bail and addressing concerns about recidivism. Despite acknowledging the accused’s criminal history, the court opted to grant bail with stringent conditions, emphasizing the completion of the investigation and the accused’s willingness to abide by court orders. The detailed conditions, including address verification and restrictions on movement, reflect the court’s effort to monitor the accused and prevent further offenses.