Mumbai, July 6, 2022 – Noorbadshah Azgarali Shaikh has been granted bail by the Sessions Court in Mumbai in connection with a case of preparing to commit dacoity. Shaikh was arrested in connection with Crime No. 480/2022, registered at Bandra Police Station, for offenses under Sections 399 (making preparation to commit dacoity) and 402 (assembling for purpose of committing dacoity) of the Indian Penal¹ Code (IPC), along with relevant sections of the Arms Act and the Maharashtra Police Act.

The Allegations

According to the prosecution, Shaikh and others were apprehended near Ribella Road, Bandra (West), while preparing to commit dacoity. The police acted on a tip-off from API Avinash Nadvinkeri.

Shaikh’s Defense and Arguments

Mr. S.C. Kewat and R. Jaiswar, representing Shaikh, argued that their client was arrested on mere suspicion. They pointed out that while weapons were recovered from other accused, no weapons were recovered from Shaikh himself.

Prosecution’s Objections

Mr. Lade, the Additional Public Prosecutor (APP), opposed the bail application, arguing that Shaikh was a habitual offender with prior cases registered against him at Byculla, Phydhonie, and Dongri Police Stations. The prosecution expressed concern that releasing Shaikh on bail would lead to a repetition of similar crimes.

Court’s Observations and Decision

Additional Sessions Judge S.D. Kulkarni considered the submissions and the documents on record. The court noted that Shaikh was being prosecuted for preparing to commit dacoity and that the police had arrested the accused on the same night based on credible information. The court also noted that the police had prepared a spot panchnama, seized weapons and a vehicle from the other accused, and filed a charge sheet.

“Therefore, in my opinion custodial interrogation of the accused is not necessary. Accused is permanent resident of Mumbai. The prosecution opposed the application by submitting that if accused released on bail there are chances of repeating similar offence. Chances of absconding accused and threatening prosecution witnesses. But in my opinion the presence of accused can be secured by imposing certain conditions,” Judge Kulkarni stated in the order.

The court, considering that the investigation was complete and a charge sheet had been filed, concluded that custodial interrogation was no longer necessary. The court also found that Shaikh’s presence could be secured through specific bail conditions.

Bail Conditions

Shaikh was granted bail on a personal bond (P.B.) and surety bond (S.B.) of Rs. 50,000 with one or two sureties. The court imposed the following conditions:

• Shaikh must attend Bandra Police Station every Sunday between 2:00 p.m. and 6:00 p.m. until further orders.
• He must not tamper with prosecution witnesses or evidence.
• Provisional cash bail of the same amount was allowed, with the condition that Shaikh must furnish surety within four weeks, failing which the cash bail would be forfeited.
• Shaikh must deposit his passport, if any, with the Investigating Agency.
• He must not leave India without prior permission from the court.
• Bail before the learned committing court.

Key Points

• Preparation to Commit Dacoity: Shaikh was arrested for preparing to commit dacoity.
• No Weapon Recovery: No weapons were recovered from Shaikh himself.
• Habitual Offender: The prosecution argued that Shaikh was a habitual offender.
• Charge Sheet Filed: The court noted that a charge sheet had been filed, indicating the completion of the investigation.
• Weekly Police Attendance: Shaikh was ordered to report weekly to the police station.
• Arms Act and Maharashtra Police Act: The case also involved offenses under the Arms Act and the Maharashtra Police Act.