Mumbai, Maharashtra – April 29, 2022 – Mohd. Arbaz Kayyum Khan @ Barf @ Mari, a 20-year-old resident of Antop Hill, Mumbai, has been granted bail in connection with a case of preparing to commit dacoity. The Additional Sessions Judge, B.V. Wagh, of the Sessions Court for Greater Mumbai, approved Khan’s bail application (Criminal Bail Application No. 957 of 2022) after considering his young age, the progress of the investigation, and the high pendency of under-trial prisoners.
Background of the Case:
Khan was arrested and charged under Sections 399 (making preparation to commit dacoity) and 402 (assembling for purpose of committing dacoity) of the Indian Penal1 Code, along with sections of the Indian Arms Act and the Maharashtra Police Act. The case was registered at Antop Hill Police Station (CR No. 32/2022) based on a report filed by API Dhananjay Joshi, who received a tip-off about individuals planning a dacoity at Pramanik Jewellers.
Allegations and Arrest:
According to the prosecution, a trap was laid, and three individuals, including Khan, were apprehended near the targeted location. Two others managed to escape. During a personal search, objectionable articles, allegedly intended for use in the dacoity, were recovered.
Defense Arguments:
Ms. Priti Tiwari, representing Khan, argued that her client was innocent and falsely implicated. She highlighted that the investigation had progressed considerably and that only a sword and a mobile phone were recovered from Khan. She also emphasized that Khan is a young man of 20 and the sole earning member of his family.
Prosecution’s Counter-Arguments:
Ms. Ratnavali Patil, the Additional Public Prosecutor (APP), opposed the bail application, arguing that Khan and his co-accused had conspired to commit dacoity. She highlighted the recovery of a sword and phone from Khan and pointed out his prior criminal record. The prosecution argued that Khan, if released, might engage in similar criminal activities.
Court’s Observations and Decision:
Judge Wagh, after reviewing the case record and hearing arguments from both sides, acknowledged that prima facie evidence suggested Khan and his co-accused were preparing to commit dacoity. However, the court also considered Khan’s young age and the fact that he had been in custody since February 25, 2022.
The court noted that the investigation had progressed significantly and that further detention of Khan was unwarranted. While acknowledging Khan’s prior criminal record, the court stated that this alone could not be a ground for refusing bail. Considering the high pendency of under-trial prisoners and the likelihood that Khan’s trial would not conclude soon, the court decided to grant bail.
“Though applicant is having criminal antecedents of similar nature of crime, that cannot be a sole ground to refuse the bail. Considering the high pendency of undertrial prisoners, the trial of the applicant in the present crime would not complete in near future. Eventually, the applicant is released on bail,” Judge Wagh stated in his order.
Bail Conditions:
The court granted bail to Khan, subject to the following conditions:
- He must furnish a Personal Recognizance (PR) Bond of Rs. 15,000 along with a surety of the same amount.
- He must provide his residential address proof and contact numbers to the Investigating Officer.
- He must not directly or indirectly threaten or influence any person acquainted with the case.
- He must not leave India without prior permission from the court.
- The bail must be furnished before the Learned Court below.
Significance of the Ruling:
This ruling highlights the court’s consideration of the accused’s age, the progress of the investigation, and the broader issue of under-trial pendency. It also underscores that while a prior criminal record is a factor, it is not an absolute bar to granting bail.
Key Factors in the Bail Grant:
- Khan’s young age (20 years).
- Significant progress in the investigation.
- High pendency of under-trial prisoners.
- Conditions to ensure Khan’s presence during the trial.
Future Proceedings:
With the investigation largely complete, the case will now proceed to trial. The prosecution will be required to prove the charges against Khan and his co-accused beyond a reasonable doubt. The court will closely monitor Khan’s compliance with the bail conditions.