Mumbai, February 14, 2024 – Harish @ Babu Sunil Waydande, a 25-year-old man, has been granted bail by the Sessions Court in Mumbai in connection with an alleged conspiracy to commit dacoity. Waydande, along with co-accused, was arrested in Crime No. 606/2023 registered at Mulund Police Station under various sections of the Indian Penal Code, the Arms Act, and the Maharashtra Police Act.

The prosecution alleged that Waydande and his associates, described as members of a “wandering gang,” were preparing to commit dacoity near Loknisarg Society, Ghatipada, Mulund on October 24, 2023, at approximately 11:50 PM. They were reportedly found in possession of dangerous weapons, including screwdrivers and blades. Waydande was specifically found with a blade.

Prosecution’s Opposition and Allegations

The investigating officer, through the Additional Public Prosecutor (APP), opposed the bail application, arguing that Waydande had committed a serious offense and lacked a permanent residence. The prosecution further contended that Waydande and his co-accused were habitual offenders, posing a risk of re-offending and fleeing if released on bail.

Defense Arguments and Court’s Observations

Ms. Alka Mane, the learned advocate representing Waydande, argued that the investigation had been completed and the charge sheet filed before the Metropolitan Magistrate. She emphasized that Waydande’s presence was no longer required for any recovery or discovery. She also pointed out that Waydande is a local resident and was willing to provide sureties as per the court’s order.

The Additional Sessions Judge, Shri. V.M. Sundale, after reviewing the case records and hearing both sides, noted that while the offenses under Sections 399 (preparation to commit dacoity) and 402 (assembling for purpose of committing dacoity) of the Indian Penal Code¹ are serious, the investigation was complete, and the trial had not yet commenced. The judge reasoned that it would be unjust to keep Waydande detained indefinitely under these circumstances.

Bail Granted with Conditions

The court granted bail to Waydande on a personal bond of Rs. 50,000 with one or two sureties of the same amount. The following conditions were imposed:

• Waydande and his sureties must provide their mobile numbers, email addresses, and proof of residence.
• Waydande is prohibited from directly or indirectly influencing, threatening, or pressuring any person acquainted with the case.
• He is not allowed to leave India without prior permission from the court.
• A provisional cash bail of the same amount was allowed, with Waydande required to furnish sureties within four weeks of his release, failing which the cash bail would be forfeited.
• Any breach of the bail conditions would result in the cancellation of his bail.
• The bail process will be conducted before the learned Metropolitan Magistrate Court.

The court’s decision highlighted the balance between the seriousness of the alleged offenses and the individual’s right to liberty, particularly when the investigation is complete and the trial is pending. The imposition of stringent conditions aims to mitigate the prosecution’s concerns regarding the risk of re-offending or fleeing.

The case underscores the judicial process involved in granting bail, ensuring that justice is served while safeguarding the rights of the accused.