Mumbai, February 14, 2024 – Sinu Narsayy Padigela alias Shrinivas has been granted bail by the Sessions Court for Greater Mumbai in an Arms Act case. Additional Sessions Judge A.S. Salgar (Court Room No. 24) issued the order on February 13, 2024.
Padigela was arrested in connection with C.R. No. 16/2024, registered at the Trombay Police Station, for offenses under Sections 3, 5, and 25 of the Arms Act read with 37(1)(A) and 135 of the Maharashtra Police Act.
Background and Allegations:
On January 13, 2024, Chetan Mali was arrested for possessing four firearms, four magazines, and eight live cartridges. During the investigation, Mali disclosed that he had sold one firearm and two live cartridges to Padigela in December 2023. Padigela was subsequently arrested based on this disclosure statement.
Arguments Presented:
Advocate Divakar Rai, representing Padigela, argued that his client was innocent and falsely implicated. He contended that the disclosure statement of the co-accused was inadmissible under Section 25 of the Evidence Act. He emphasized that Padigela was willing to abide by any court conditions.
Additional Public Prosecutor (APP) O.S. Maraskolhe opposed the bail, arguing that Padigela might commit similar offenses or tamper with evidence if released.
Court’s Reasoning and Decision:
Judge Salgar noted that Padigela’s name was not mentioned in the initial FIR, which was registered against Chetan Mali. The FIR focused on Mali’s possession of firearms, magazines, and live cartridges, with no mention of Padigela possessing any such items. Padigela’s involvement was revealed only through Mali’s disclosure statement.
The court emphasized that the firearms, magazines, and live cartridges were recovered from Mali’s possession at the time of his arrest. The court stated that, in their view, Padigela could not be held guilty solely based on the co-accused’s disclosure statement.
The court also considered that the firearms, magazines, and live cartridges had already been seized, and no further recovery was required from Padigela. Padigela was willing to cooperate with the investigation, and had no prior criminal record. The court concluded that Padigela was entitled to bail.
Bail Conditions:
Padigela was granted bail upon furnishing a personal bond of Rs. 15,000 with one or more sureties of the same amount. The following conditions were imposed:
- Padigela must attend the concerned police station every Sunday between 11:00 a.m. and 3:00 p.m. 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 notify any changes.
- He must not influence or threaten any witnesses or tamper with evidence.
- He must not leave India without prior permission from the trial court.
- Breach of any condition will result in the cancellation of his bail.
- Provisional cash bail of Rs. 15,000 was allowed for four weeks to furnish surety.
- Bail to be furnished before the trial court.
Order Details:
The order was dictated and transcribed on February 13, 2024, and signed on February 14, 2024. The certified copy was uploaded on February 14, 2024, at 5:15 p.m.
This decision reflects the court’s consideration of the lack of direct evidence against Padigela, the inadmissibility of the co-accused’s disclosure statement as sole evidence, and the imposition of conditions to ensure his compliance with the legal process.