Mumbai, April 24, 2024 – Ishrat Abdul Rahim Baig @ Icchu has been granted bail by the Sessions Court for Greater Mumbai in an Arms Act case. Additional Sessions Judge A.S. Salgar (Court Room No. 24) issued the order on April 23, 2024.
Baig was arrested in connection with C.R. No. 130/2024, registered at the Trombay Police Station, for offenses under Sections 3, 5, and 25 of the Arms Act read with Section 37(1)(A) and 135 of the Maharashtra Police Act.
Background and Allegations:
Baig was arrested for allegedly possessing a country-made pistol, a magazine, and two live cartridges without a permit.
Arguments Presented:
Advocate R.M.H. Jabali, representing Baig, argued that he was innocent, falsely implicated, and that all weapons had been recovered. He also pointed out that all offenses were triable by a Metropolitan Magistrate and that Baig was a permanent resident of Mumbai. He assured the court that Baig would abide by any imposed conditions.
Additional Public Prosecutor (APP) O.S. Maraskolhe, representing the State, opposed the bail, arguing that Baig was a habitual offender, would tamper with witnesses, and commit similar offenses.
Court’s Reasoning and Decision:
Judge Salgar reviewed the FIR and noted that the only allegation against Baig was the possession of the weapons without a permit. He also acknowledged that the investigating officer had seized the pistol, magazine, and live cartridges.
The court emphasized that all firearms, magazines, and cartridges had been seized, and nothing further was required from Baig. The court also noted that Baig was in jail since April 1, 2024, and was willing to cooperate with the investigation.
The court highlighted that except for the Arms Act offenses, the remaining offenses were bailable and that the alleged offenses were triable by a Metropolitan Magistrate. Therefore, the court found Baig entitled to bail, subject to certain conditions.
Bail Conditions:
Baig was granted bail upon furnishing a personal bond of Rs. 15,000 with one or more sureties of the same amount. The following conditions were imposed:
- Baig must attend the Trombay Police Station every Sunday between 11:00 a.m. and 3:00 p.m. until the charge sheet is filed.
- Baig and his sureties must provide their residential addresses, mobile numbers, and email addresses to the investigating officer and notify any changes.
- Baig must not directly or indirectly influence, threaten, or promise any person acquainted with the case.
- Baig must not leave India without prior permission from the trial court.
- Breach of any condition will result in the cancellation of bail.
- Provisional cash bail of Rs. 15,000 was allowed for four weeks to furnish surety.
- Bail to be furnished before the trial court.
Order Details:
The order was dictated on April 23, 2024, transcribed on April 24, 2024, and signed on April 24, 2024. The certified copy was uploaded on April 24, 2024, at 5:50 p.m.
This decision reflects the court’s consideration of the recovery of the weapons, the nature of the offenses, Baig’s willingness to cooperate, and the imposition of conditions to ensure compliance with the legal process.