Mumbai, Maharashtra – July 29, 2022 – Abrar Akbar Shaikh (27), accused in a theft case registered at N.M. Joshi Marg Police Station, has been granted bail by the Sessions Court for Greater Mumbai. Additional Sessions Judge Vishal S. Gaike (Court Room No. 22) granted the bail in Criminal Bail Application No. 1635 of 2022, related to Crime No. 21 of 2022.
Shaikh was arrested and charged under Sections 380 (theft in dwelling house) and 454 (lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment) of the Indian Penal Code.1
Case Background:
The complainant, Akshata Shankar Kesarkar, reported that upon returning to her residence on January 24, 2022, she found her door open and the locks of her cupboard and drawer broken. Cash and gold and silver ornaments were missing.
The prosecution’s investigation, based on CCTV footage, led to Shaikh’s arrest on March 3, 2022. During his police custody, Shaikh allegedly provided a memorandum statement and led the police to a goldsmith in Raigad District. The goldsmith stated that Shaikh had sold him ornaments, which he had melted into a 20-gram gold bar, which was then seized by the police. The prosecution also highlighted Shaikh’s extensive criminal record, citing 18 prior FIRs under similar sections.
Arguments and Court’s Reasoning:
Shaikh’s counsel argued that he was innocent, falsely implicated, and had not been convicted in any previous FIRs. They emphasized that the investigation was completed, the chargesheet was filed, and further detention served no purpose.
The prosecution strongly opposed the bail, citing Shaikh’s habitual offender status and the risk of him absconding or threatening witnesses.
The court acknowledged Shaikh’s prior FIRs but noted that he had not been convicted in any of them. The court also considered that the chargesheet had been filed, and the trial was likely to be lengthy. Furthermore, the stolen ornaments were not recovered from Shaikh; only the melted gold bar was seized from the goldsmith.
“Admittedly, applicant has not been convicted in any of the previous offences registered against him under Sections 454, 380 of the Indian Penal Code. The charge-sheet has already been filed against him. His trial may take time to commence and conclude. The gold and silver ornaments allegedly stolen from the house of complainant, were not recovered from the applicant, but only a gold bar of about 20 grams in weight was recovered and seized from Raigad District,” Judge Gaike stated.
The court emphasized the presumption of innocence and concluded that further custody would serve no purpose.
Bail Conditions:
Judge Gaike granted bail to Abrar Akbar Shaikh on the following conditions:
- Execution of a personal bond of ₹15,000 with two separate sureties of the same amount.
- An undertaking not to tamper with prosecution witnesses and evidence.
- Submission of detailed address, mobile/contact number, address proof, and identity proof.
- Notification of any change in residence or mobile/contact number.
- Regular attendance at court.
- Restriction on leaving the court’s jurisdiction without the Metropolitan Magistrate’s permission.
- An undertaking not to threaten or pressurize the complainant and witnesses.
- Bail to be furnished before the concerned Metropolitan Magistrate.
The certified copy of the judgment was issued on July 29, 2022. This decision highlights the court’s balancing of the accused’s rights with the severity of the alleged crime, even in the face of a substantial prior criminal record.