Mumbai, Maharashtra – June 27, 2022 – Mohammad Murtuja Dawood Shaikh, a 30-year-old resident of Mumbra, Thane, has been granted bail in connection with a chain snatching case registered at Kurla Railway Police Station (CR No. 364/22). The Additional Sessions Judge, S.D. Kulkarni, of the Sessions Court for Greater Bombay, approved Shaikh’s bail application (Bail Application No. 1052 of 2022) after considering the arrest of the accused and recovery of the stolen article.

Background of the Case:

Shaikh was arrested and charged under Section 392 (robbery) of the Indian Penal Code. The prosecution opposed the bail application, arguing that releasing Shaikh would lead to repetition of similar offenses and potential threats to witnesses.

Defense Arguments and Court’s Observations:

Mr. Vijay Agale, representing Shaikh, argued that his client was falsely implicated in the crime and was not caught red-handed. He emphasized that the investigation had made no progress and that custodial interrogation was unnecessary.

Judge Kulkarni, after reviewing the FIR and the prosecution’s submissions, noted that the complainant reported the chain snatching while traveling from Mumbra to Chinchpokli. The complainant provided a description of the perpetrator, and the police immediately apprehended Shaikh. The stolen golden chain was recovered from him at the time of his arrest.

The court also observed that the stolen articles had already been seized, a panchnama (record of seizure) had been prepared, and statements of important witnesses had been recorded. This indicated that the majority of the investigation was complete, and custodial interrogation was no longer required.

“Panchanama was prepared and say of the prosecution shows that statements of the important witnesses were recorded so custodial interrogation of the applicant / accused is not necessary. Majority part of the investigation was already over therefore, I am of the opinion that applicant / accused is entitled for release on bail as prayed,” Judge Kulkarni stated in his order.

Bail Conditions:

The court granted bail to Shaikh, subject to the following conditions:

• He must be released on a Personal Bond (PB) and Surety Bond (SB) of Rs. 30,000, with one or two sureties, or a cash bail of Rs. 30,000.
• He must not tamper with prosecution witnesses or evidence.
• He must not leave India without prior permission from the court.
• He is allowed to provide provisional cash bail of Rs. 30,000. He must furnish surety within four weeks from the date of release, failing which the cash bail will be forfeited.
• The bail must be furnished before the learned committing court.

Significance of the Ruling:

This ruling highlights the importance of considering the progress of the investigation, the recovery of stolen articles, and the necessity of custodial interrogation when deciding bail applications. The court’s decision underscores that when a significant portion of the investigation is complete and the accused has been arrested with the recovered items, bail can be granted.

Key Factors in the Bail Grant:

• Immediate arrest of the accused after the incident.
• Recovery of the stolen golden chain.
• Completion of major parts of the investigation, including recording witness statements.
• Unnecessary of further custodial interrogation.

Future Proceedings:

With the investigation largely complete, the case will now proceed to trial. The prosecution will be required to prove the charges against Shaikh beyond a reasonable doubt. The court will closely monitor Shaikh’s compliance with the bail conditions.