Mumbai, Maharashtra – August 8, 2022 – Raju @ Izaz Ibrahim Shaikh and Abdul Sattar Jan Mohammed Popadia have been granted bail pending their appeal against a conviction in an extortion case. The Additional Sessions Judge, Smt. Chitra R. Hankare, of the Sessions Court for Greater Bombay, approved their bail application (Bail Application No. 1026 of 2022) citing the minor nature of the offense.

Background of the Case:

Shaikh and Popadia were convicted by the Metropolitan Magistrate, 69th Court, Mazgaon, Mumbai, on April 18, 2022, in C.C.No.1561/PW/2019, for the offense punishable under Section 385 read with 34 of the Indian Penal Code (IPC). They subsequently filed a criminal appeal (Criminal Appeal No. 236 of 2022) challenging their conviction. They then filed this bail application to be released during the pendency of the appeal.

Allegations and Conviction:

The applicants were convicted under Section 385 (putting person in fear of injury in order to commit extortion) read with Section 34 (acts done by several persons in furtherance of common intention) of the IPC. The conviction stemmed from C.R.No. 2/2019 registered at J.J.Marg Police Station.

Defense Arguments:

Mr. Shahid Iqbal, representing Shaikh and Popadia, argued for their release on bail pending the appeal.

Prosecution’s Counter-Arguments:

Mrs. Jyoti Sawant, the Special Public Prosecutor (SPP), represented the state.

Court’s Observations and Decision:

Judge Hankare noted that the applicants were convicted under Section 385 read with 34 of the IPC. The court also observed that keeping the accused in custody during the pendency of their appeal would not serve any useful purpose.

“The offence is punishable under section 385 r/w 34 of the Indian Penal Code, 1860. Nothing will gain by keeping the accused behind the bar. Hence, accused are entitled to grant bail,” Judge Hankare stated in her order.

The court concluded that the applicants were entitled to be released on bail pending the outcome of their appeal.

Bail Conditions:

The court granted bail to Shaikh and Popadia, subject to the following conditions:

• They must execute a Personal Recognizance (PR) bond of Rs. 15,000 each with a surety of the same amount.

Significance of the Ruling:

This ruling highlights the court’s consideration of the nature of the offense and the pendency of an appeal when deciding bail applications for convicted individuals. The court’s decision underscores that when the offense is not of a grave nature and an appeal is pending, bail can be granted with appropriate conditions.

Key Factors in the Bail Grant:

• Minor nature of the offense (Section 385 of the IPC).
• Pendency of a criminal appeal against the conviction.
• Conditions to ensure the applicants’ presence.

Future Proceedings:

The criminal appeal filed by Shaikh and Popadia will proceed in the Sessions Court. The court will review the evidence and arguments presented during the trial and decide whether to uphold or overturn the conviction. The court will monitor the applicants’ compliance with the bail conditions.