Mumbai, Maharashtra – July 15, 2022 – Yasmin Pasha Shaikh’s bail application (Bail Application No. 1053 of 2022) was rejected in a case involving the theft of a mangalsutra at Kurla Railway Station. The Additional Sessions Judge, Dr. A.A. Joglekar, of the Sessions Court for Greater Mumbai, rejected the application citing Shaikh’s extensive criminal history and clear CCTV footage evidence.

Background of the Case:

Shaikh was arrested and charged under Section 392 (robbery) of the Indian Penal Code (IPC) in connection with C.R. No. 328 of 2022 registered at Kurla Railway Police Station.

Allegations and Arrest:

According to the prosecution, on April 10, 2022, at around 5:00 PM, the complainant was traveling towards Bhayandar from CSMT. As the train was about to depart from platform number 4 of Kurla Railway Station, an unknown woman snatched the complainant’s mangalsutra. CCTV footage identified Shaikh as the perpetrator, leading to her arrest.

Defense Arguments:

Advocate Vijay P. Agale, representing Shaikh, argued that his client was falsely implicated and had no involvement in the crime. He pointed out that the offense was initially registered against an unknown woman and that Shaikh was arrested nine days later. He also stated that nothing was recovered from Shaikh, casting doubt on the prosecution’s story. He emphasized that Shaikh had been in custody since April 20, 2022, and requested her release on bail.

Prosecution’s Counter-Arguments:

Additional Public Prosecutor (APP) Mr. Sukhdeve opposed the bail application, arguing that Shaikh had 57 prior criminal antecedents of a similar nature, indicating a pattern of such offenses. He stated that the CCTV footage clearly showed Shaikh’s involvement and argued that her release would pose a risk of her engaging in similar criminal activities.

Court’s Observations and Decision:

Judge Joglekar, after examining the prosecution’s material and case records, noted Shaikh’s 57 prior criminal antecedents of a similar nature. He also confirmed that the CCTV footage clearly established her role in the offense.

“On meticulous examination of prosecution material and the case record it evinces to myself that, there are 57 prior similar antecedents to the discredit of the applicant/accused. Moreover, she is clearly seen in the CCTV Footage and therefore her role has been categorically established,” Judge Joglekar stated in his order.

The court concluded that Shaikh’s criminal history indicated a habitual pattern of criminal behavior, posing a threat to society.

“Therefore, considering the earlier criminal history it is evident that, her such habit of criminal activity or behaviour in similar kind of offences are a natural threat to the society at large. Therefore, considering this particular fact enlarging the applicant/accused on bail would naturally create a danger for society,” the Judge stated.

The court found no other compelling grounds for granting bail and rejected the application.

Order:

The court rejected and disposed of Bail Application No. 1053 of 2022.

Significance of the Ruling:

This ruling highlights the court’s emphasis on the accused’s criminal history and clear evidence, such as CCTV footage, when deciding bail applications. The court’s decision underscores that in cases where the accused has a significant history of similar offenses and clear evidence implicates them, bail may be denied to protect society.

Key Factors in the Bail Rejection:

• Shaikh’s 57 prior criminal antecedents of a similar nature.
• Clear CCTV footage evidence implicating Shaikh.
• The court’s assessment that her release would pose a threat to society.

Future Proceedings:

The trial will proceed in the Sessions Court, where the prosecution will be required to prove the charges against Shaikh beyond a reasonable doubt. Shaikh will remain in judicial custody.