Mumbai, August 1, 2022 – Nohid Noor Mhod Khan has been granted bail by the Sessions Court in Mumbai in connection with a mobile phone theft case. Khan was arrested in connection with Crime No. 686/2022, registered at Kurla Railway Police Station, for an offense under Section 379 (theft) of the Indian Penal Code (IPC).

The Allegations

According to the First Information Report (FIR), a mobile phone was stolen, and the offense was initially registered against unknown persons. Khan was subsequently arrested, and it is alleged that he committed the theft.

Khan’s Defense and Arguments

Ms. Ashwini Gaikwad, representing Khan, argued that her client was falsely implicated. She stated that the offense was initially registered against unknown persons and that Khan was implicated while in custody for another case. She also stated that the stolen property had been recovered and that there was no need for further detention.

Prosecution’s Objections

Ms. Ratnavali Patil, the Additional Public Prosecutor (APP), opposed the bail application, arguing that Khan was a habitual offender with eight prior offenses registered against him at different police stations.

Court’s Observations and Decision

Additional Sessions Judge A.A. Kulkarni considered the submissions and the documents on record. The court acknowledged that Khan had eight prior offenses registered against him, indicating a history of similar offenses. However, the court also noted that the current offense was initially registered against unknown persons and that Khan’s guilt was yet to be proven in a trial.

“Therefore, as the offence is registered against unknown person and guilt of the applicant is not proved during trial, his pre­trial detention would be amount to punishment,” Judge Kulkarni stated in the order.

The court, balancing the need to ensure Khan’s presence at trial with the principle that pre-trial detention should not be punitive, decided to grant bail with stringent conditions.

Bail Conditions

Khan was granted bail on a personal bond of Rs. 25,000 with one or two sureties of the same amount. The court imposed the following conditions:

• Khan must attend Kurla Railway Police Station once a week until the conclusion of the trial.
• He must attend all trial proceedings without fail.
• He must furnish 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.
• Bail before the Lower Court.

Key Points

• Prior Offenses: The court acknowledged Khan’s prior criminal record.
• Offense Against Unknown Persons: The court noted that the offense was initially registered against unknown persons.
• Pre-Trial Detention: The court emphasized that pre-trial detention should not be punitive.
• Stringent Conditions: The court imposed stringent conditions, including weekly police attendance, to ensure Khan’s presence at trial and to monitor his activities.
• Habitual Offender: The prosecution argued that the accused was a habitual offender.