Mumbai, March 14, 2024 – The Sessions Court for Greater Mumbai, at Mazgaon, has granted bail to Arshad Khalif Gufran Shaikh, who was convicted in a case of sexual harassment and house trespass, pending the outcome of his appeal. Additional Sessions Judge K.P. Shrikhande, presiding over Court Room No. 87, allowed Shaikh’s bail application (Criminal Bail Application No. 581 of 2024), considering that his substantive sentence had been suspended.

Shaikh was convicted by the trial court on July 18, 2023, for offenses under section 354A(1)(v) (sexual harassment involving unwelcome and explicit sexually colored remarks) punishable under section 354A(3) and section 452 (house-trespass after preparation for hurt, assault or wrongful restraint) of the Indian Penal Code (IPC). He was sentenced to six months of rigorous imprisonment and a fine of ₹5,000 for each offense, with additional imprisonment in case of default. Shaikh filed Criminal Appeal No. 564 of 2023 challenging the conviction.

The Allegations and Trial Court Decision:

The trial court found Shaikh guilty of making sexually colored remarks and trespassing into a house.

Defense Arguments:

Shaikh, through his advocate Raj Kamble, argued that he was on bail during the trial and had filed an appeal challenging the legality and propriety of the conviction and sentence. He requested the court to grant him bail pending the appeal.

Prosecution’s Objections:

The prosecution, represented by Additional Public Prosecutor Sachin Gawade, opposed the bail application, arguing that the offenses were serious and that there was a possibility of Shaikh absconding.

Court’s Analysis and Decision:

Judge Shrikhande, after hearing arguments from both sides, made the following observations:

• Bail During Trial: Shaikh was on bail during the trial.
• Appeal Filed: Shaikh had filed an appeal challenging the conviction and sentence.
• Sentence Suspension: The substantive sentence had been suspended.

Considering these factors, the court concluded that Shaikh could be released on bail pending the appeal.

Conditions of Bail:

The court granted Shaikh bail on the following conditions:

• He must execute a Personal Bond (P.R.) of ₹25,000 and provide a surety of the same amount.
• He must furnish bail before the trial court within one month.
• He was granted liberty to furnish provisional cash bail for one month.

Significance of the Order:

This order highlights the court’s approach in dealing with bail applications filed by convicted persons pending appeal. The court considered the following factors:

• Whether the accused was on bail during the trial.
• Whether an appeal has been filed.
• Whether the sentence has been suspended.

This ruling demonstrates the court’s discretion to grant bail in appropriate cases, even after conviction, when the accused has filed an appeal and the sentence has been suspended.