Mumbai, Maharashtra – August 20, 2022 – Danish Hamid Ali Shaikh, accused of mobile phone theft, has been granted bail by the Sessions Court for Greater Mumbai. The court, presided over by Additional Sessions Judge Shri A.A. Kulkarni, granted bail but ordered Shaikh to attend the Vashi Railway Police Station once a week until the conclusion of his trial.

Shaikh, a 23-year-old resident of Govandi, Mumbai, was arrested in connection with C.R. No. 148/2022, registered at the Vashi Railway Police Station, for an offense under Section 379 of the Indian Penal Code (IPC), which pertains to theft.

Background of the Case:

The prosecution alleged that Shaikh committed the theft of a mobile phone. However, the FIR was initially registered against an unknown person, and there was a delay of several months in lodging the complaint (FIR was lodged on 25.06.2022).

Applicant’s Arguments for Bail:

Mr. Zoheb Shaikh, representing Danish Hamid Ali Shaikh, argued that his client was falsely implicated in the case. He highlighted the delayed filing of the FIR and the fact that the offense was initially registered against an unknown person. He also pointed out that the allegedly stolen property had already been seized, eliminating the need for further detention.

Prosecution’s Objections:

Ms. Ratnavali Patil, representing the State, opposed the bail application, arguing that Shaikh was a habitual offender and likely to commit similar offenses if released.

Court’s Observations and Decision:

Judge Kulkarni acknowledged the prosecution’s claim that Shaikh had a history of similar offenses. However, the court also noted that the FIR was registered against an unknown person and that Shaikh’s guilt had not been proven. The court reasoned that pre-trial detention, in this case, would amount to punishment.

Considering Shaikh’s background, the court decided to grant bail but imposed conditions to monitor his presence and prevent him from absconding or committing further offenses.

Bail Conditions:

The court granted bail to Shaikh, subject to the following conditions:

• Shaikh must furnish a Personal Recognizance (P.R.) bond of Rs. 25,000/- along with one or two sureties of the same amount.
• He must attend the Vashi Railway Police Station once a week until the conclusion of his trial.
• He must attend all trial proceedings without fail.
• He must provide his residential address proof and contact numbers to the investigating officer.
• He must not directly or indirectly influence any person acquainted with the facts of the case.
• He must not leave India without prior permission from the court.
• The bail must be furnished before the lower court.

Outcome:

The court’s decision reflects a balance between the presumption of innocence and the need to prevent potential recidivism. The condition requiring weekly police station attendance aims to ensure Shaikh’s availability for trial and deter him from engaging in further criminal activity. The case highlights the court’s consideration of both the specific circumstances of the case and the accused’s criminal history when granting bail.