Mumbai, January 8, 2024 – The Additional Sessions Judge N.P. Tribhuwan granted bail to Vasim Shamasulah Chowdhary, accused in a theft case registered at Gamdevi Police Station. The court cited the completion of the investigation and the lack of concrete evidence of convictions in previous cases as reasons for granting bail.

Chowdhary was arrested in connection with Crime No. 35/2022, registered under Sections 457 (lurking house-trespass or house-breaking by night in order to commit offense) and 380 (theft in dwelling house, etc.), read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).

According to the prosecution, on February 19, 2022, Dr. Chirag Bharat Parmar reported that his Sammyak Eye Clinic had been broken into and Rs. 9 lakh in cash was stolen. During the investigation of another crime (Crime No. 475/2023), Chowdhary was identified as a suspect in this case. Based on his disclosure statement, weapons allegedly used in the crime were recovered.

Chowdhary, through his advocate Shagupta Shaikh, sought bail under Section 439 of the Criminal Procedure Code (CrPC), arguing that he was falsely implicated, the investigation was complete, and the recovered articles were not linked to him.

The prosecution, represented by Additional Public Prosecutor (APP) Ranjana Budhwant, opposed the bail, citing Chowdhary’s extensive criminal record, including multiple theft cases, and argued that he was a habitual offender who would likely commit further crimes if released.

Judge Tribhuwan, after hearing both sides and perusing the record, noted the following:

• Chowdhary had several pending criminal cases, but the prosecution did not clarify whether he had been convicted in any of them.
• The investigation was largely complete.
• Chowdhary had been in jail since December 22, 2023.

The court referred to the case of Maulana Mohd. Amir Rashadi Vs. State of U.P. and another, where the Supreme Court held that merely having criminal antecedents is not sufficient to deny bail. The court must consider the accused’s role in the current case and other factors, such as the risk of flight.

“In the present case, previous crimes for the same type of offence is pending against accused. However, prosecution has not made it clear whether accused is convicted in any of the cases. Mere pending of criminal case does not being that accused is habitual offender. It seems that most of the investigation is completed. Accused is in jail from 22.12.2023.” Said Judge Tribhuwan.

Considering the nature of the offense, the punishment prescribed, and the facts of the case, the court decided to grant bail.

Consequently, the court granted bail to Chowdhary, ordering him to execute a personal bond of Rs. 20,000 with one or two sureties of the same amount. The court also imposed the following conditions:

• Chowdhary must not tamper with prosecution witnesses.
• Chowdhary must cooperate with the investigation and attend the police station every Monday.
• Chowdhary must not misuse his liberty.
• Chowdhary must provide his address and mobile number to the investigating officer and the court.

“Applicant/accused Vasim Shamasulah Chowdhary is released on bail in Crime No.35/2022 for the offence punishable under Sections 457, 380 r/w 34 of Indian Penal Code, registered with Gamdevi Police Station, Mumbai; subject to conditions as under. i) Applicant shall execute a personal bond for a sum of Rs.20,000/- with one or two sureties in the like amount. ii) Applicant shall not tamper with any of the prosecution witnesses, directly or indirectly. iii) Applicant shall co-operate with the investigation agency and shall attend the concerned police station on every Monday between 10.00 a.m. to 1.00 p.m. till filing of charge-sheet. iv) Applicant shall not misuse his liberty. v) Applicant shall furnish his detailed address and mobile number to the investigation officer and the concerned court.” Judge Tribhuwan ordered.

The order was delivered, checked, and signed on January 8, 2024, and uploaded on January 9, 2024, as certified by stenographer K.S. Bhosale.

This ruling highlights the judiciary’s approach in balancing the concern for public safety with the presumption of innocence. The court emphasized the need for concrete evidence of convictions, rather than merely relying on pending cases, when considering bail applications.