Mumbai, July 2, 2022 – Imu Nijamuddin Khan, a 25-year-old man, has been granted bail by the Sessions Court in Mumbai after being re-arrested for failing to appear in his ongoing theft trial. Khan was initially arrested in 2018 for an alleged theft of a mobile phone and subsequently released on bail by the Metropolitan Magistrate.
However, Khan failed to attend court proceedings, leading to the issuance of a non-bailable warrant (NBW) for his arrest. Upon execution of the NBW, he was produced before the Metropolitan Magistrate, who rejected his fresh bail application on June 22, 2022.
The Case and Arguments
Khan was accused in Case No. 771/PW/2018, registered at Wadala T.T. Police Station, under Section 380 of the Indian Penal Code (IPC) for theft. The alleged stolen item, a mobile phone, was valued at Rs. 4,000 and has not been recovered.
Mr. Ashwini Kumar Pathak, the learned Advocate for Khan, argued that his client had been previously granted bail. He emphasized that Khan would ensure his presence in future trial proceedings if granted bail again.
Ms. Ratnavali Patil, the learned Additional Public Prosecutor (APP) for the State, opposed the bail application, citing that Khan’s absence had disrupted the trial.
Court’s Observations and Decision
The Additional Sessions Judge, Shri A.A. Kulkarni, after reviewing the case documents and hearing both sides, noted that Khan had been previously released on bail and that the trial was in progress. The court also acknowledged that Khan’s absence had indeed delayed the trial.
However, considering the relatively minor nature of the alleged offense (theft of a mobile phone valued at Rs. 4,000), the court decided to grant bail, subject to conditions. The court took into account the defense counsel’s assurance that Khan would attend all future hearings.
“Taking into consideration submissions of Ld. Advocate that applicant will remain present on each and every date hereinafter and take care that trial will not be held up for want of accused’s presence. Property involved in this case is only of Rs.4,000/-. The applicant is in judicial custody since 22.06.2022. In view of such circumstances, I am of the opinion that applicant’s presence may be secured by imposing conditions and he may be released on bail,” Judge Kulkarni stated in the order.
Bail Conditions
The court granted bail to Khan on a fresh bail bond of Rs. 15,000 along with a surety of the same amount. The Metropolitan Magistrate was granted the liberty to forfeit the previous bond and accept a reasonable amount in lieu of it.
Khan was directed to remain present regularly before the Metropolitan Magistrate for the trial. The bail process was ordered to be completed before the lower court.
The decision reflects the court’s consideration of the nature of the offense, the accused’s previous conduct, and the need to ensure the smooth progress of the trial. The imposition of conditions aims to balance the accused’s right to liberty with the necessity of ensuring his presence during the trial.