Mumbai, July 19, 2022 – The Additional Sessions Judge Anand Pandurang Kanade (Court Room No. 60) granted bail to Vignesh Sanjay Mahadik in connection with a jewelry theft case registered at Bhandup Police Station (C.R. No. 361/2022). The court cited the recovery of the stolen jewelry and the completion of the accused’s police custody as key factors in its decision.

Background of the Case:

Vignesh Sanjay Mahadik, a 23-year-old service professional from Bhandup, was arrested for allegedly stealing gold jewelry from the complainant, Vinita Vinod Sawant. The complainant, who runs a grocery shop, alleged that the accused, a fish seller who frequented her house, stole three gold earrings and a gold chain from her cupboard. The case was registered under Section 380 (theft in dwelling house, etc.) of the Indian Penal Code (IPC).

Arguments Presented:

Advocate Noori Khan, representing Mahadik, argued that his client was falsely implicated and that there was a three-month delay in filing the report. He emphasized that there was no further recovery to be made from the accused and that his further custody was not required.

Additional Public Prosecutor (APP) Seema Deshpande, representing the State, opposed the bail application, citing the possibility of the accused repeating the crime and absconding.

Court’s Reasoning and Decision:

Judge Kanade, after reviewing the remand report, noted that the stolen jewelry had been recovered at the instance of the accused.

“After going through the remand report dated 01.06.2022, it reveals that the applicant/accused pledged golden ornaments with goldsmith and golden earrings and one golden chain has been recovered at the instance of applicant/accused,” Judge Kanade stated in his order.

The court also observed that the accused’s police custody period was over and that he had been in judicial custody since June 1, 2022. The court further noted that the offense was triable by a Metropolitan Magistrate.

“His police custody period is already over. The accused is arrested for the offence punishable u/s. 379 of Indian Penal Code which is triable by Metropolitan Magistrate. In my view, further custody of applicant is not required,” Judge Kanade stated.

Consequently, the court granted bail to Vignesh Sanjay Mahadik, ordering his release upon furnishing a Personal Bond (PB) of Rs. 20,000 and one or two solvent sureties of the same amount.

The court imposed several conditions, including that the accused could furnish a cash security of Rs. 20,000 provisionally for one month, must attend Bhandup Police Station weekly until the charge sheet is filed, must provide a list of blood relatives and their addresses, must inform the court of any change in address, must provide copies of identification documents, must not influence witnesses or tamper with evidence, must not leave Mumbai without permission, and must not commit similar offenses.

Implications and Significance:

This ruling highlights the court’s consideration of the recovery of stolen items and the completion of police custody in bail matters. The decision underscores that when the stolen items are recovered and the accused’s police custody is over, bail can be granted with appropriate conditions.

The court’s decision also reflects a balanced approach, ensuring that the accused’s rights are protected while also imposing conditions to address the prosecution’s concerns about potential witness tampering and flight risk.

The order was dated July 13, 2022, and signed and uploaded on July 19, 2022, at 4:30 p.m.