Mumbai, January 28, 2022 – Jubed @ Juvaid Rahman Khan, accused in a vehicle part theft case, has been granted bail by the Sessions Court for Greater Mumbai. Additional Judge G.B. Gurao allowed Khan’s bail application (Criminal Bail Application No. 90 of 2022), citing his medical condition (tuberculosis) and the completion of the investigation.

Khan was arrested in connection with C.R. No. 176/2021, registered at Deonar Police Station, for offenses punishable under sections 379 (theft) and 411 (dishonestly receiving stolen property) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).

Prosecution’s Case:

The prosecution alleged that the complainant, a taxi driver, discovered that the silencer of his Maruti Suzuki taxi was stolen. The silencer, valued at ₹76,000, was allegedly stolen by accused numbers 1 to 3 and sold to accused number 4. Accused number 4 then allegedly extracted metal powder from the silencer and sold it to accused number 5. The silencer was recovered from Khan (accused number 4). A charge sheet was filed against all the accused.

Defense Arguments:

Khan’s advocate, O.P. Dubey, argued that his client was innocent and falsely implicated. He emphasized that the charge sheet had been filed and that Khan was suffering from tuberculosis and required medical treatment. He also stated that Khan was a permanent resident of his given address and undertook to abide by any conditions imposed by the court.

Prosecution’s Objections:

The Additional Public Prosecutor (APP), Ramesh Siroya, opposed the bail, arguing that Khan would commit similar offenses if released.

Court’s Decision:

Judge Gurao, after reviewing the charge sheet, noted that Khan was accused of receiving the stolen silencer and extracting metal powder from it. He also considered Khan’s medical condition, his permanent residence, and his undertaking to abide by court conditions.

The court concluded that further custodial interrogation of Khan was not necessary and that he was entitled to bail.

Conditions of Bail:

Judge Gurao granted Khan bail on the following conditions:

• He must execute a Personal Recognizance (P.R.) Bond of ₹15,000 with one or more sureties of the same amount.
• He must not pressurize prosecution witnesses.
• He must not commit any offense while on bail.
• He must furnish his correct address to the Investigating Officer (IO).
• He was granted provisional cash bail of ₹15,000 for a period of four weeks to furnish surety.
• Bail must be furnished before the Learned Magistrate.

Significance of the Order:

This order highlights the court’s consideration of the following factors when granting bail:

• Completion of Investigation: The court considered the completion of the investigation and the filing of the charge sheet.
• Medical Condition: The court considered Khan’s medical condition and the need for treatment.
• Permanent Residence: The court considered Khan’s permanent residence and his undertaking to abide by court conditions.
• Nature of Offense: The court considered the nature of the offense and the role attributed to Khan.

The decision reflects the court’s effort to balance the seriousness of the offense with the individual circumstances of the case and the progress of the investigation.