Mumbai, February 17, 2024 – Shri Chhotelal Ramesh Bahadur Thapa, accused in a 2015 robbery case, has been granted conditional bail by the Sessions Court for Greater Mumbai. Additional Sessions Judge S.M. Tapkire allowed Thapa’s bail application (Criminal Bail Application No. 313 of 2024), despite his history of absconding and repeated absences during the trial, citing his undertaking to cooperate with the court.

Thapa was arrested on January 25, 2024, in connection with C.R. No. 478 of 2015, registered at Bhandup Police Station, for offenses punishable under section 392 (robbery) of the Indian Penal Code (IPC).

Prosecution’s Case:

The prosecution argued that Thapa was a habitual offender with no fixed residence. They stated that he had absconded for a long period, leading the trial court to issue a proclamation for his arrest. Despite being granted bail previously, he had allegedly misused his liberty and failed to comply with court orders. They emphasized that the trial, in which charges were framed on November 2, 2019, had been delayed due to his absence.

Defense Arguments:

Thapa’s advocate, Rakshna Karle, argued that the trial had been prolonged not only due to his absence but also due to the prosecution’s inaction. She claimed that the grounds for revoking his surety were unsustainable. Thapa undertook to regularly attend the trial and abide by any imposed conditions. She also raised general grounds for bail.

Court’s Decision:

Judge Tapkire acknowledged the serious allegations against Thapa and his history of absconding. He noted that Thapa had been arrested for the third time while executing a non-bailable warrant and that his previous bail applications had been rejected due to his misuse of liberty and non-compliance with court orders.

However, considering Thapa’s undertaking to attend the trial regularly, the court decided to grant him “one last opportunity” to cooperate with the proceedings. The court emphasized that this opportunity was contingent on Thapa adhering to stringent conditions.

Conditions of Bail:

Judge Tapkire granted Thapa bail on the following conditions:

• He must execute a Personal Recognizance (P.R.) Bond of ₹1,00,000 and furnish one or two solvent sureties of the same amount.
• He must not tamper with prosecution witnesses or evidence.
• He must attend Bhandup Police Station on the 5th of every month until the trial of C.C. No. 611/2016 is concluded.
• He must attend every trial date without fail.
• He must not engage in any criminal activity.
• He must not leave India without prior permission from the trial court.
• He must submit his residential address proof and contact details to the police.
• He must comply with surety requirements before the trial court.
• Copies of the order must be sent to the trial court and Bhandup Police Station.

Significance of the Order:

This order highlights the court’s balancing act between ensuring the presence of the accused during trial and granting them an opportunity to defend themselves. The court’s decision reflects a willingness to give the accused a final chance, provided they demonstrate a commitment to cooperating with the judicial process. However, the stringent conditions imposed underscore the court’s concern about Thapa’s history of non-compliance.