Mumbai, August 1st, 2022 – The Sessions Court for Greater Mumbai has granted bail to Nabi Hussain Ali Hussain Shaikh, who was arrested in connection with a mobile phone theft. The court, presided over by Additional Sessions Judge A.A. Kulkarni, allowed the bail application, but imposed conditions due to the accused’s habitual offender status.

Shaikh was arrested in connection with C.R. No. 567/2022, registered at the Dadar Railway Police Station, for offenses punishable under Section 379 (theft) of the Indian Penal Code (IPC).

According to the First Information Report (FIR), the theft was initially registered against unknown persons. Shaikh was later implicated, allegedly while in police custody for another case, and the stolen mobile phone was reportedly recovered from him.

Shaikh’s defense, presented by Advocate Anil Bansode, argued that he was falsely implicated and that the property had already been recovered, eliminating the need for further detention.

The prosecution, represented by Additional Public Prosecutor Ratnavali Patil, opposed the bail, citing Shaikh’s habitual offender status and the registration of five other offenses against him at different police stations.

Judge Kulkarni, after considering the submissions and the police report, acknowledged Shaikh’s criminal history. However, he also noted that the initial FIR was against unknown persons and that Shaikh’s guilt would need to be proven during trial. He expressed concern that pre-trial detention in this context could amount to punishment.

“As the offence is registered against unknown person and guilt of the applicant is not proved during trial, his pre-trial detention would be amount to punishment,” Judge Kulkarni stated.

To balance these considerations, the court granted bail but imposed conditions to monitor Shaikh’s presence and reduce the risk of him absconding or committing further offenses.

Consequently, the court granted bail to Nabi Hussain Ali Hussain Shaikh, subject to the following conditions:

• Personal Bond (P.R.) and Surety Bond: Shaikh must execute a P.R. Bond of Rs. 25,000/- with one or two sureties of the same amount.
• Police Attendance: Shaikh must attend the Dadar Railway Police Station once a week until the trial concludes.
• Court Attendance: Shaikh must attend all court hearings without fail.
• Address and Contact Information: Shaikh must provide his residential address proof and contact numbers to the investigating officer.
• No Influence on Witnesses: Shaikh must not directly or indirectly influence witnesses.
• Travel Restrictions: Shaikh must not leave India without prior court permission.
• Bail Before Trial Court: Bail will be executed before the Trial Court.

The court’s decision reflects a balance between the accused’s right to liberty and the need to ensure his presence for trial, particularly in cases involving habitual offenders. The Dadar Railway Police Station will continue its investigation and the trial will proceed.