Mumbai, August 3, 2022 – Pooja Omprakash Pandey’s bail application has been rejected by the Sessions Court in Mumbai. Pandey, a 22-year-old student, was arrested in connection with Crime No. 408/2022, registered at Parksite Police Station, for an offense under Section 381 (theft by clerk or servant of property in possession of master) of the Indian Penal Code (IPC).

The Allegations

According to the complainant, Pandey was employed as a caretaker for her children. On May 1, 2022, when the complainant was unwell, her husband asked Pandey to retrieve her medical file from an almirah and accompany her to Godrej Hospital in Vikhroli. The complainant was admitted to the hospital for 5-6 days. Upon returning home on June 14, 2022, she discovered that gold ornaments and cash were missing. She delayed reporting the theft out of fear, but eventually filed a police complaint on June 27, 2022, after her husband returned from the USA.

Pandey’s Defense and Arguments

Mr. Santosh Rai, representing Pandey, argued for her release on bail.

Prosecution’s Objections

Mrs. Ashwini Raykar, the Additional Public Prosecutor (APP), opposed the bail application. Mr. Atish Kasabe, representing the complainant, also objected to the bail.

Court’s Observations and Decision

Additional Sessions Judge S.M. Menjoge considered the submissions, the prosecution’s reply, and the complainant’s objections. The court also examined the case diary.

The court noted that Pandey, as per her memorandum statement, led the police to Himanshu Parmar, a jeweler. Parmar identified Pandey and confirmed purchasing gold ornaments from her, which he had since melted into a gold bar weighing 64.380 grams. The police seized the gold bar.

Subsequently, the complainant discovered that a pendant weighing 9.643 grams was also missing. The police recovered this pendant from Parmar, also in the form of a melted gold bar. The police recorded the statement of Shakuntala Mhaske, who allegedly assisted Pandey in selling the ornaments.

The court stated that Rs. 10,000 and a Vivo mobile handset were yet to be recovered from Pandey. Pandey was arrested on June 30, 2022.

“Prima facie case is made out against present applicant. Investigation is not yet completed. Considering gravity and seriousness of offence and possibility of tampering the evidence if she is released on bail, applicant is not entitled for bail during investigation,” Judge Menjoge stated in the order.

The court concluded that the ongoing investigation, the gravity of the offense, and the risk of evidence tampering warranted the rejection of Pandey’s bail application.

Order

Bail Application No. 1759/2022 was rejected.

Key Points

• Theft by Caretaker: Pandey, as a caretaker, was accused of stealing gold ornaments and cash.
• Recovery of Melted Gold: The police recovered melted gold bars from a jeweler, identified by Pandey, which were confirmed to be the stolen ornaments.
• Ongoing Investigation: The court cited the ongoing investigation as a reason for rejecting bail.
• Evidence Tampering Risk: The court expressed concern about the risk of Pandey tampering with evidence if released.
• Additional Recovery Pending: Rs. 10,000 and a mobile handset were yet to be recovered.
• Statement of Witness: The statement of a person who helped to sell the ornaments was recorded.
• Delayed Complaint: The complainant delayed in filing a complaint out of fear.