Mumbai, Maharashtra – May 5, 2022 – Raj Murgesh Devendra has been granted bail in a mobile theft case registered at Wadala Railway Police Station (C.R. No. 177 of 2022). The Additional Sessions Judge, R.M. Sadrani, of the Sessions Court for Greater Bombay, approved Devendra’s bail application (Bail Application No. 874 of 2022) citing the recovery of the stolen mobile phone and the minor nature of the offense.
Background of the Case:
Devendra was arrested and charged under Section 379 (theft) of the Indian Penal Code (IPC). The prosecution alleged that he stole the mobile phone of the complainant, Owes Ikhtiyar Ansari, on a local train.
Allegations and Arrest:
According to the prosecution, Devendra committed theft of the complainant’s mobile phone in a local train. He was arrested on March 15, 2022, and the stolen mobile phone was recovered from him.
Defense Arguments:
Mr. Vijay Agale, representing Devendra, argued for his release on bail.
Prosecution’s Counter-Arguments:
Mr. Abhijeet Gondwal, the Additional Public Prosecutor (APP), represented the state.
Court’s Observations and Decision:
Judge Sadrani noted that Devendra was arrested on March 15, 2022, and the stolen mobile phone was recovered from him. The court also observed that the maximum punishment prescribed for the offense under Section 379 of the IPC is three years.
“Considering the period already undergone by the applicant and punishment prescribed for the offence, I am inclined to allow the application,” Judge Sadrani stated in his order.
The court concluded that Devendra was entitled to be released on bail.
Bail Conditions:
The court granted bail to Devendra, subject to the following conditions:
- He must execute a Personal Recognizance (PR) bond of Rs. 10,000 and provide one surety of the same amount.
- He must deposit a cash surety of Rs. 10,000.
- He must provide his detailed address and phone number at the time of furnishing bail.
- Bail must be furnished before the Court attending remand.
- He must attend Wadala Railway Police Station every Monday between 11:00 AM and 2:00 PM until further orders.
- He must not threaten or influence any person acquainted with the case.
- He must not leave India without prior permission from the court.
Significance of the Ruling:
This ruling highlights the court’s consideration of the recovery of the stolen item and the relatively minor nature of the offense when deciding bail applications. The court’s decision underscores that when the stolen item has been recovered and the maximum punishment for the offense is not severe, bail can be granted with appropriate conditions.
Key Factors in the Bail Grant:
- Recovery of the stolen mobile phone.
- Minor nature of the offense (maximum punishment of three years).
- Conditions to ensure Devendra’s presence and prevent witness intimidation.
Future Proceedings:
The trial will proceed in the Magistrate’s court. The prosecution will be required to prove the charges against Devendra beyond a reasonable doubt. The court will monitor Devendra’s compliance with the bail conditions.