Greater Bombay, 16th February 2024: In a significant ruling, the Court of Session for Greater Bombay has granted bail to Anshuman Sumer Singh, a 23-year-old courier from Rajasthan, who was accused of involvement in a gold theft case. The bail was granted by Additional Sessions Judge Rajesh A. Sasne on 12th February 2024, following a detailed hearing of Bail Application No. 244 of 2024. The case, registered under C.R. No. 605/2023 at Kurla Railway Police Station, involves charges under Sections 408, 411, and 414 of the Indian Penal Code (IPC), which pertain to criminal breach of trust, dishonestly receiving stolen property, and assisting in the concealment of stolen property, respectively.
Background of the Case
The case dates back to 17th April 2023, when the complainant, Rameshbhai Rawal, the manager of Manoharkumar Pukhraj Rajpurohit, entrusted 1000 grams of gold to the accused, Anshuman Singh, for delivery to Mumbai. However, on 18th April 2023, Anshuman failed to arrive in Mumbai, and his phone was switched off, raising suspicions. Rameshbhai Rawal reported the matter to Manohar Rajpurohit, leading to the filing of a police complaint.
During the investigation, it was revealed that Anshuman had allegedly handed over the gold to a co-accused, Dilip Rawal. Anshuman was subsequently arrested in Mumbai on 17th October 2023 and has been in judicial custody since then. The prosecution claimed that part of the stolen gold had already been recovered, and the charge sheet had been filed.
Arguments Presented
Defense’s Plea:
Advocate Pramod Kumbhar, representing Anshuman, argued that his client was innocent and falsely implicated in the case. He emphasized that Anshuman had already undergone custodial interrogation, and no further recovery or discovery was required from him. The defense also highlighted that Anshuman is a permanent resident of Indra Colony, Gaon Agwari, Jalore, Rajasthan, and posed no flight risk. The defense urged the court to grant bail, citing the prolonged incarceration of nearly four months and the completion of the investigation.
Prosecution’s Opposition:
Assistant Public Prosecutor (APP) Iqbal Solkar opposed the bail application, arguing that releasing the accused could hinder the collection of evidence and jeopardize the ongoing investigation. The prosecution also expressed concerns that Anshuman might flee justice or tamper with prosecution witnesses and evidence if released on bail.
Court’s Observations and Decision
After reviewing the application, the prosecution’s reply, and the documents on record, the court made the following key observations:
- The accused has been in custody since 17th October 2023, and the investigation is complete, with the charge sheet already filed.
- Part of the stolen gold has been recovered, and the accused’s continued incarceration is unnecessary.
- The prosecution’s attempt to take custody of another suspect, Timayya, does not require the presence of Anshuman in police or judicial custody.
- The accused’s presence can be secured through reasonable bail conditions.
Bail Conditions
The court granted bail to Anshuman Sumer Singh under the following stringent conditions:
- Personal Bond and Surety: The accused must furnish a personal bond (P.B.) and surety bond (S.B.) of Rs. 50,000/- with one or two sureties.
- Provisional Cash Bail: Provisional cash bail in the same amount is allowed, with the condition that the accused must furnish the surety within four weeks of release, failing which the cash bail will be forfeited.
- Non-Interference: The accused is prohibited from tampering with prosecution witnesses or evidence in any manner.
- Regular Court Attendance: The accused must attend all court hearings unless exempted by the court.
- Travel Restrictions: The accused is not allowed to leave India without prior permission from the court.
Conclusion
The court’s decision to grant bail reflects a careful balance between the rights of the accused and the need to ensure the integrity of the judicial process. While Anshuman has been granted temporary freedom, the stringent conditions imposed aim to address the prosecution’s concerns regarding witness tampering and flight risk.
The case highlights the complexities of legal proceedings in theft and breach of trust cases, particularly when valuable assets like gold are involved. The court’s ruling underscores the importance of ensuring that bail conditions are tailored to mitigate potential risks while upholding the principle of “innocent until proven guilty.”
Next Steps:
Anshuman Sumer Singh is expected to comply with the bail conditions and appear for future court hearings. The prosecution will continue its efforts to secure custody of the co-accused, Timayya, and pursue the case to its logical conclusion.
Case Details:
- Bail Application No.: 244 of 2024
- CNR No.: MHCC020017272024
- Judge: Rajesh A. Sasne, Additional Sessions Judge, Court Room No. 30, Greater Bombay.
- Date of Order: 12th February 2024.
This ruling serves as a reminder of the judiciary’s role in ensuring justice while safeguarding individual liberties, even in cases involving serious allegations.