Mumbai, July 8, 2022 – Mohd. Bashir Asir Khan has been granted bail by the Sessions Court in Mumbai in connection with an offense under Section 143 of the Railways Act. The court deemed the offense bailable. Khan was arrested in connection with Crime No. 685/2022, registered at RPF Kurla Police Station.

The Allegations

Khan was arrested for an offense under Section 143 of the Railways Act, which pertains to unauthorized carrying on of business as railway servant etc.

Khan’s Defense and Arguments

Ms. Sana Shaikh, representing Khan, argued that the offense under Section 143 of the Railways Act is bailable. She cited judgments from the High Courts of Chhattisgarh (Aditya Singh v. Union of India) and Delhi (Munna Kumar v. State Through N.C.T. of Delhi) to support her contention. She argued that despite the offense being bailable, the Metropolitan Magistrate had rejected Khan’s bail application.

Prosecution’s Objections

Ms. Jyotsana Gawali, the Additional Public Prosecutor (APP), and the Investigating Officer opposed the bail application, arguing that Khan was a habitual offender with similar cases pending against him.

Court’s Observations and Decision

Additional Sessions Judge A.A. Kulkarni considered the submissions and the documents on record. The court referred to Section 437 of the Code of Criminal Procedure (CrPC), which states that bail is a right when an offender is arrested for a bailable offense. The court also referred to Schedule 2 of the CrPC, which categorizes offenses with imprisonment of less than three years or a fine as bailable.

“In view of Schedule 2 of Cr. P.C. punishment of imprisonment is less than three years or fine, offence comes under the category of bailable offence. In present case, for the offence punishable under Section 143 of Railway Act, punishment is prescribed upto three years or fine or both. Therefore, I am of the opinion that in such circumstances, bail is right of applicant,” Judge Kulkarni stated in the order.

The court concluded that bail was Khan’s right and granted his application.

Bail Conditions

Khan was granted bail on a personal bond of Rs. 10,000 and one surety of the same amount. The court imposed the following conditions:

• Khan must attend RPF Kurla Police Station upon receiving a written notice from the investigator.
• He must provide his residential address proof and contact numbers to the Investigating Officer.
• He must not directly or indirectly influence, threaten, or promise any person acquainted with the case.
• He must not leave India without prior permission from the court.
• The bail process will be completed before the lower court.

Key Points

• Bailable Offense: The court determined that the offense under Section 143 of the Railways Act is bailable.
• Section 437 CrPC: The court relied on Section 437 of the CrPC, which grants the right to bail in bailable offenses.
• Schedule 2 CrPC: The court referred to Schedule 2 of the CrPC to categorize the offense as bailable.
• Precedent: The court considered judgments from the High Courts of Chhattisgarh and Delhi.
• Habitual Offender: Despite the prosecution’s claim that Khan was a habitual offender, the court granted bail due to the offense being bailable.