Mumbai, Maharashtra – April 20, 2022 – Velaram Valji Patel has been granted bail in a case involving the theft of railway scrap. The Additional Sessions Judge, R.M. Sadrani, of the Sessions Court for Greater Bombay, approved Patel’s bail application (Bail Application No. 864 of 2022) citing the nature of the offense and the maximum punishment prescribed.

Background of the Case:

Patel was arrested and charged under Section 3 of the Railway Property (Unlawful Possession) Act in C.R. No. 3 of 2022 registered at the Railway Protection Force (RPF), Borivali.

Allegations and Arrest:

According to the prosecution, Patel allegedly stole railway scrap and sold it to co-accused Anurudh Kumar Ramfer Mishra. Patel had been in judicial custody since April 7, 2022.

Defense Arguments:

Advocate Pradeep Vishwakarma, representing Patel, argued for his release on bail. (Specific defense arguments are not detailed in the provided order.)

Prosecution’s Counter-Arguments:

Additional Public Prosecutor (APP) Abhijeet Gondwal represented the state. (Specific counter-arguments are not detailed in the provided order.)

Court’s Observations and Decision:

Judge Sadrani noted that the maximum punishment prescribed for the offense under Section 3 of the Railway Property (Unlawful Possession) Act is three years.

“Allegation against the applicant is that he has stolen railway scrap and sold it to co-accused Anurudh Kumar Ramfer Mishra. Maximum punishment prescribed for the offence is three years. Accused is in judicial custody since 07/04/2022. Considering the nature of punishment and nature of offence, I am inclined to allow the application,” Judge Sadrani stated in his order.

The court concluded that considering the nature of the punishment and the nature of the offense, Patel’s bail application should be allowed.

Order:

The court granted bail to Patel, subject to the following conditions:

• He must execute a Personal Recognizance (PR) bond of Rs. 25,000 with one or more sureties of the same amount.
• 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 the RPF, Borivali, every Monday between 11:00 AM and 2:00 PM until the chargesheet is filed.
• He must not directly or indirectly induce, threaten, or promise any person acquainted with the facts of the case.
• He must not leave India without prior court permission.

Significance of the Ruling:

This ruling highlights the court’s consideration of the maximum punishment prescribed for the offense and the nature of the offense when deciding bail applications. The court’s decision underscores that in cases where the maximum punishment is relatively short and the offense is not of a grave nature, bail can be granted with appropriate conditions to ensure the accused’s presence and prevent witness tampering.

Key Factors in the Bail Grant:

• Maximum punishment prescribed for the offense is three years.
• Patel’s period of judicial custody.
• Conditions to ensure Patel’s presence and prevent witness tampering.

Future Proceedings:

The investigation will continue, and the chargesheet will be filed. The trial will then proceed in the Magistrate’s Court, where the prosecution will be required to prove the charges against Patel and the co-accused beyond a reasonable doubt. The court will monitor Patel’s compliance with the bail conditions.