Mumbai, May 26, 2022 – The Additional Sessions Judge G.B. Gurao granted bail to Raju Vishwantah Shirsode, a 38-year-old resident of Chembur, in an oil theft case registered at R.C.F. Police Station. The court cited the lack of direct evidence against Shirsode and the completion of the investigation as reasons for granting bail.

Shirsode was arrested in connection with Crime No. 96/2021, registered under Sections 379 (theft) and 285 (negligent conduct with respect to fire or combustible matter), read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC), along with Section 15(1)(2)(3)(4) of the Petroleum and Mineral Pipe Line (Acquisition of Rights of User and Land) Act, 1962, and Section 3 of the Prevention of Damage to Public Property Act, 1984.

According to the prosecution, Shirsode was involved in the theft of ship base oil.

Shirsode, through his advocate Ajay Tripathi, sought bail under Section 439 of the Criminal Procedure Code (CrPC), arguing that he was innocent and falsely implicated. He emphasized that the investigation was complete, no specific role was attributed to him, and he was willing to abide by any conditions imposed by the court. Tripathi also highlighted a nine-day delay in lodging the FIR and argued that there was no evidence to show Shirsode’s presence or involvement in the crime. He noted that while Shirsode’s earlier bail application was rejected, the trial was unlikely to commence in the near future, and Shirsode was a permanent resident of Mumbai.

The prosecution, represented by Additional Public Prosecutor (APP) Meera Choudhari, opposed the bail, citing the seriousness of the offense and the likelihood of Shirsode committing similar offenses if released.

Judge Gurao, after reviewing the charge sheet, acknowledged that Shirsode’s earlier bail applications were rejected. However, the court noted that while a mobile phone and Rs. 15,000 were seized from Shirsode during the investigation, there was no direct evidence linking him to the alleged theft of base oil.

“I have perused the charge sheet. It is true that earlier bail applications of accused are rejected. However, the fact is that during the investigation one mobile phone and Rs.15,000/- was seized from accused. It is alleged that accused committed theft of ship base oil. Thought it is alleged that accused committed theft of base oil, however, there is no direct evidence against him. The investigation is completed and charge sheet is filed. Accused undertakes to abide by the conditions imposed by the Court. Hence, application deserves to be allowed,” Judge Gurao stated in his order.

Consequently, the court granted Shirsode bail, ordering him to execute a personal bond of Rs. 15,000 with one or more sureties of the same amount. The court also imposed the condition that Shirsode attend all court hearings regularly unless exempted.

“Applicant/accused namely Raju Vishwantah Shirsode, in C.R.No.96 of 2021 registered with R.C.F. Nagar police station for the offence punishable under Sections 379,285 r/w 34 of IPC r/w section 15(1)(2)(3)(4) of Petroleum and Mineral Pipe Line (Acquisition of Rights of User and Land)Act, 1962 r/w section 3 of Prevention of Damage to Public Property Act, 1984, he shall be released on his executing PR Bond of Rs.15,000/- (Fifteen Thousand only) with one or more sureties of the like amount on the conditions that: a) He shall attend the dates of hearing regularly unless exempted by the court,” Judge Gurao ordered.

The court also allowed provisional cash bail of Rs. 15,000 for four weeks.

The order was dictated on May 20 and 25, 2022, transcribed on May 26, 2022, signed on May 26, 2022, and uploaded on the same day, as certified by stenographer Mrs. S.S. Sawant.

This ruling highlights the judiciary’s approach in considering the lack of direct evidence and the completion of investigations when deciding bail applications. It also underscores the court’s role in balancing the rights of the accused with the imperatives of law enforcement.