Mumbai, May 12, 2022 – The Additional Sessions Judge Shri B.V. Wagh granted bail to 20-year-old Mohammed Ayubali Raju Khan in a case involving the alleged snatching of a mobile phone and cash. The decision, delivered on May 12, 2022, was based on the recovery of the stolen items, the progress of the investigation, and the court’s concern for the young accused’s potential exposure to hardened criminals in custody.

Khan, a parking attendant residing in Wadala T.T., Mumbai, was arrested in connection with Crime No. 216/2022 registered at Wadala T.T. Police Station. He was charged under Section 392 of the Indian Penal Code (IPC), which pertains to robbery.

According to the prosecution, on April 21, 2022, at approximately 10:15 AM, the complainant was en route to his workplace at Champaklal Estate, Sion (E). While his car was stopped at a signal near Bagla Garden, Shanti Nagar, Wadala (E), Khan allegedly entered the vehicle and, at knifepoint, snatched the complainant’s mobile phone and cash before fleeing the scene.

Khan, through his advocate Mr. R.P. Singh, sought bail under Section 439 of the Criminal Procedure Code (CrPC). The prosecution, represented by Additional Public Prosecutor (APP) Ms. Ratnavali Patil, opposed the application.

During the hearing, the court reviewed the investigation papers and noted that Khan was apprehended on the same day as the incident. The stolen mobile phone, cash, and the knife allegedly used in the crime were recovered from him during police custody. Khan was remanded to judicial custody on April 27, 2022, after the initial police custody period.

Judge Wagh observed that the stolen goods had been returned to the complainant and that the investigation had progressed significantly. He also expressed concern that further incarceration of the 20-year-old accused could lead to his exposure to hardened criminals.

“On going through the investigation papers, it appears that the applicant is nabbed on the same day. During the police custody, the stolen mobile handset, cash amount and knife is recovered from the applicant. After going through initial police custody on 27.04.2022 he is brought back to judicial custody and since then the applicant is behind bar. The booty of the crime is returned to the informant. It appears that investigation is considerably progressed and further incarceration of applicant is unwarranted. It appears that applicant is 20 years old and his further incarceration would lead in the contact of harden criminals. Considering the nature of accusation and progressed investigation, the applicant is released on bail on stringent conditions,” Judge Wagh stated in his order.

Consequently, the court granted Khan bail, ordering him to furnish a personal bond of Rs. 15,000 along with a surety of the same amount. The court also imposed several conditions, including:

• Providing his residential address proof and contact numbers to the Investigating Officer.
• Marking his attendance at Wadala T.T. Police Station every Monday between 11:00 AM and 2:00 PM until the filing of the charge sheet.
• Not directly or indirectly inducing, threatening, or promising any person acquainted with the facts of the case.
• Not leaving India without prior court permission.

The order, dictated, transcribed, and signed on May 12, 2022, was uploaded at 3:40 PM on the same day, as certified by stenographer Prajwala V. Phodkar.

This ruling underscores the judiciary’s consideration of the progress of investigations and the age of the accused when deciding bail applications. It also highlights the court’s role in balancing the rights of the accused with the imperatives of law enforcement.