Mumbai, March 5, 2024: Wahid Mehboob Khan and Sabar Ajmeri Shaikh, accused in the theft of iron crips from a Metro project site, have 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. 534 of 2024, filed under Section 439 of the Code of Criminal Procedure.

Khan and Shaikh were 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 Khan and Shaikh, along with other accused, 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 the applicants’ alleged criminal antecedents and expressed concerns about potential witness intimidation.

Defense Arguments and Court’s Observations:

Advocate Sneha Satve, representing Khan and Shaikh, argued that her clients were innocent and falsely implicated. She submitted that there were no ingredients of offences under section 411 and 413 of I.P.C. based on the allegations made. She stated that her clients had fully cooperated with the investigating officer and were ready to abide by any conditions imposed by the court. Furthermore, she argued that co-accused Rashid Latif Qureshi was granted bail by the same court on 29.02.2024, and therefore, on the ground of parity, her clients were also entitled for bail.

Judge Salgar, after reviewing the case records and hearing both sides, noted several crucial points:

• FIR Against Unknown Persons: The FIR was lodged against unknown persons, and the applicants’ names were not mentioned in it.
• Role in Carrying Stolen Property: The only allegation against the applicants was that they were carrying stolen property, including iron crips, iron bars, iron pipes, and an iron platform, when they were apprehended by the police.
• Completed Investigation: 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.
• Parity: Co-accused Rashid Latif Qureshi was granted bail, and the court acknowledged the principle of parity.
• Criminal Antecedents: While acknowledging the applicants’ alleged criminal antecedents, the court emphasized that they were not a sufficient ground to deny bail, especially when stringent conditions could be imposed.

Judge Salgar concluded that as the investigation was practically complete and considering the principle of parity, Khan and Shaikh were entitled to be released on bail.

Conditions of Bail:

The court granted bail to Wahid Mehboob Khan and Sabar Ajmeri Shaikh with the following conditions:

• Each applicant must furnish a Personal Recognizance (P.R.) Bond of ₹15,000 along with one surety of the same amount.
• Each applicant must report to the concerned police station every Sunday between 11:00 AM and 2:00 PM until the charge sheet is filed.
• Each applicant and their sureties must provide their residential addresses, mobile numbers, and email addresses to the investigating officer and inform of any changes.
• Each applicant must not directly or indirectly influence, threaten, or promise any person related to the case and must not tamper with evidence or prosecution witnesses.
• Each applicant 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 each 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 Khan and Shaikh highlights the court’s consideration of parity, the completion of the investigation, and the principle that criminal antecedents alone are not sufficient to deny bail. While the trial will proceed, 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.