Mumbai, Maharashtra – August 14, 2023 – A Mumbai Sessions Court has granted bail to Irfan Ayub Shaikh @ Mustakin Khan, who was convicted of theft, pending the outcome of his appeal. The court, presided over by Additional Sessions Judge V.M. Sundale, granted bail after noting that the sentence had already been suspended and the fine had been paid.

Irfan Ayub Shaikh, a 57-year-old driver, was convicted by the Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai, in C.C.No.27/PW/2014, for an offense under section 381 (theft by clerk or servant) of the Indian Penal Code (IPC). He was sentenced to one year of rigorous imprisonment and a fine of ₹2,000, with an additional three months of rigorous imprisonment in case of default.

Shaikh, aggrieved by the conviction and sentence, filed an appeal and an application for suspension of sentence and bail.

Details of the Case and Appeal:

The applicant had been convicted by the lower court and sentenced to imprisonment and a fine. He subsequently filed an appeal to challenge the conviction and sentence. As part of the appeal process, he requested the suspension of his sentence and release on bail.

Arguments Presented During the Bail Hearing:

Advocate Shrinivas Balla appeared for Shaikh, while Ld. APP S.V. Keknis represented the prosecution.

The defense argued that Shaikh had a strong case in appeal and wished to challenge the conviction. They emphasized that the sentence had already been suspended, and the fine had been paid.

The prosecution did not strongly oppose the bail application, as the sentence had already been suspended.

Court’s Reasoning and Decision:

Judge Sundale, after reviewing the records, noted that the court had already suspended the execution of the sentence till the final disposal of the appeal in M.A. No. 880/2022. He also noted that Shaikh had deposited the fine amount.

“In view of order passed in M.A. No.880/2022, this Court has already suspended the execution of sentence till final disposal of appeal. The applicant/original accused has deposited fine amount,” Judge Sundale stated in the order.

The court also acknowledged that the Metropolitan Magistrate had already suspended the substantive sentence and released Shaikh on bail during the appeal period.

“The learned Metropolitan Magistrate already suspended substantive sentence and released the applicant on bail till appeal period. In facts and circumstances, the applicant/original accused is entitled to be released on bail during the pendency of appeal,” Judge Sundale noted.

Conditions of Bail:

The court granted bail to Shaikh on a personal bond of ₹15,000 with one surety of the same amount. Provisional cash bail of the same amount was allowed, with Shaikh required to furnish the surety within eight weeks, failing which the cash bail would be forfeited.

Implications of the Decision:

This decision highlights the court’s consideration of the suspension of sentence and payment of fines when granting bail pending appeal. It emphasizes that when a sentence has already been suspended and the accused has complied with the financial penalties, the court is inclined to grant bail to allow the appeal process to proceed. This approach balances the need to uphold the conviction with the accused’s right to appeal and the presumption of innocence until proven guilty.