Mumbai, March 5, 2024: Shiva Basoraj Mantal, an accused in the theft of iron crips from a Metro project site, has been granted bail by the Sessions Court for Greater Mumbai. The order, issued by Additional Sessions Judge A.S. Salgar, comes in response to Bail Application No. 535 of 2024, filed under Section 439 of the Code of Criminal Procedure.

Mantal was arrested in connection with C.R. No. 60/2024, registered at Trombay Police Station, for offences under Sections 379 (theft), 411 (dishonestly receiving stolen property), 413 (habitually dealing in stolen property), read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code.

The Allegations and Prosecution’s Stance:

The prosecution, represented by Additional Public Prosecutor Sachin Patil, opposed the bail application, citing the seriousness of the offence and the ongoing investigation. They argued that Mantal, along with four other accused, including a juvenile, were involved in the theft of iron crips worth ₹2,40,000 from a Metro project site near Khandoba Temple, Maharashtra Nagar, Mumbai, on February 13, 2024. The prosecution also highlighted Mantal’s alleged criminal antecedents and expressed concerns about potential witness intimidation.

Defense Arguments and Court’s Observations:

Advocate Sneha Satve, representing Mantal, argued that her client was innocent and had been falsely implicated in the case. She emphasized that Mantal had voluntarily surrendered to the police and was ready to abide by any conditions imposed by the court. Furthermore, she pointed out that Mantal’s name was not mentioned in the First Information Report (FIR), which was filed against unknown persons.

Judge Salgar, after reviewing the case records and hearing both sides, noted that the FIR was lodged against unknown individuals and that Mantal’s involvement was primarily based on the confession statement of a co-accused. He also observed that the remand report did not indicate any recovery of stolen property from Mantal.

The court further noted that the stolen property, including iron crips, an Eicher Tempo, iron shutter plates, iron bars, iron pipes, and an iron platform, had already been recovered, indicating that the investigation was practically complete. Judge Salgar also cited the principle of parity, noting that co-accused Rashid Latif Qureshi had already been granted bail in the same case.

While acknowledging Mantal’s alleged criminal antecedents, the court stated that bail could not be refused solely on that ground and that stringent conditions could be imposed. Judge Salgar concluded that further detention of Mantal was not necessary and that he was entitled to bail.

Conditions of Bail:

The court granted bail to Mantal with the following conditions:

• He must furnish a Personal Recognizance (P.R.) Bond of ₹15,000 along with one surety of the same amount.
• He must report to the concerned police station every Sunday between 11:00 AM and 2:00 PM until the charge sheet is filed.
• He and his sureties must provide their residential addresses, mobile numbers, and email addresses to the investigating officer and inform of any changes.
• He must not directly or indirectly influence, threaten, or promise any person related to the case and must not tamper with evidence or prosecution witnesses.
• He is prohibited from leaving India without prior permission from the Sessions Court.
• Violation of any condition will result in the cancellation of bail.
• Provisional cash bail of ₹15,000 is allowed for four weeks to furnish surety.
• Bail proceedings are to be completed before the Learned Trial Court.

Implications and Future Proceedings:

The granting of bail to Mantal highlights the court’s consideration of parity and the completion of the investigation when deciding bail applications. While the investigation will continue, and the prosecution will have the opportunity to present its evidence, the court’s decision underscores the balance between the presumption of innocence and the need to ensure the integrity of the legal process.