Mumbai, March 5, 2024: Vasiullah Sanaullah Khan, a tempo driver 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. 533 of 2024, filed under Section 439 of the Code of Criminal Procedure.

Khan 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 Khan, 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 Khan’s alleged criminal antecedents and expressed concerns about potential witness intimidation.

Defense Arguments and Court’s Observations:

Advocate Zoheb Shaikh, representing Khan, argued that his client was innocent and falsely implicated. He stated that Khan had no connection with the co-accused and that his further custody was not required as the investigation was almost complete and there was no material recovery necessitating his prolonged detention. He also emphasized Khan’s willingness to cooperate with the investigation. Furthermore, he 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, his client was also entitled for bail. He cited the ruling of the Hon’ble Bombay High Court in Raosaheb Patole V/s. The State of Maharashtra (Criminal Bail Application No. 373 of 2011) to support his argument that criminal antecedents are not a sufficient ground to deny 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 Khan’s name was not mentioned in it.
• Role as Tempo Driver: Khan’s only alleged involvement was as a tempo driver who arrived at the spot through the Porter App.
• No Recovery: The remand report did not indicate any recovery of stolen property from Khan.
• 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 Khan’s 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 was entitled to be released on bail.

Conditions of Bail:

The court granted bail to Vasiullah Sanaullah Khan 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 Khan 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.