Mumbai, July 15, 2022 – Bipinkumar Deviprasad Pandey, a habitual offender, has been granted bail by the Sessions Court for Greater Mumbai in connection with a mobile phone theft case. Additional Sessions Judge A.A. Kulkarni granted bail but imposed strict conditions, considering Pandey’s criminal history.

Pandey, 40, was arrested in connection with Crime No. 540/2022, registered at Dadar Railway Police Station. He was charged with an offense punishable under Section 379 (theft) of the Indian Penal Code.

The Allegations and Prosecution’s Case

The FIR was initially registered against unknown persons for the theft of a mobile phone. During Pandey’s custody in another case, he was implicated in this theft, and the stolen mobile phone was allegedly recovered.

The prosecution opposed the bail application, citing Pandey’s extensive criminal history, which includes 14 other offenses registered at various police stations. They argued that he is a habitual offender and his release would pose a risk of him committing further crimes.

Defense Arguments and Court’s Observations

Pandey’s defense argued that he was falsely implicated in this case, that the offense was initially registered against unknown persons, and that the stolen property had already been recovered. They asserted that there was no need for his further detention.

The court, after considering the submissions and the evidence on record, acknowledged Pandey’s criminal history but also noted that the offense was initially registered against unknown persons. The court stated that since the offense was registered against an unknown person, and the guilt of the applicant had not been proven during trial, his pre-trial detention would amount to punishment. The court also took into account the fact that the stolen property had been recovered.

Reasons for Granting Bail (with Strict Conditions)

The court granted bail, but imposed strict conditions, considering the applicant’s background and the risk of him absconding or committing further offenses. The court decided that the applicant could be released on bail if he furnished a solvent surety and agreed to attend court for trial and report to the police station regularly.

Conditions of Bail

Pandey was granted bail on the following conditions:

• He must execute a personal bond of Rs. 25,000 along with one or two sureties of the same amount.
• He must attend Dadar Railway Police Station once a week until the conclusion of the trial.
• He must attend the trial without fail.
• He must furnish his residential address proof and contact numbers to the investigating officer.
• He must not directly or indirectly influence or threaten any witness.
• He must not leave India without prior permission from the court.
• Bail before the Ld. Court below.

Implications and Future Proceedings

The granting of bail, subject to strict conditions, highlights the court’s balancing act between the rights of the accused and the need to protect society from potential recidivism. The court’s decision also emphasizes the importance of ensuring the accused’s presence during trial. The case will proceed to trial, where the prosecution will present its evidence, and the defense will have the opportunity to challenge the allegations. This decision reflects the courts careful consideration of facts and circumstances in criminal proceedings, especially those involving habitual offenders.