Mumbai, February 11, 2022 – Satish Sayaji Shirke, a 22-year-old service professional from Raigad, has been granted bail by the Sessions Court for Greater Bombay in a paint theft case. Additional Judge G.B. Gurao (Court Room No. 17) issued the order on February 8, 2022.

Shirke was arrested in connection with C.R. No. 683/2021, registered at the Chembur Police Station, for offenses under Sections 419 (cheating by personation) and 420 (cheating and dishonestly inducing delivery of property) read with 34 (acts done by several persons in furtherance of common intention) of¹ the Indian Penal Code (IPC).

Background and Allegations:

The complainant, Omprakash Zha, who runs an interior work business named “Aastha Enterprises,” alleged that 11 tins of 20 liters each of paint were stolen from a LIC office in Jivan Kunj building, Chembur (E), where his workers were carrying out interior painting work. The complainant reported that the paint tins were missing on December 19, 2021, after his workers had left the site on December 18, 2021.

During the investigation, the police recovered 10 paint tins from Shirke at his village, Nagothane, in Raigad district.

Arguments Presented:

Advocate Minaz Sayyed, representing Shirke, argued that her client was innocent and falsely implicated. She asserted that the ingredients of Section 420 of the IPC were not met. She emphasized that Shirke was a permanent resident of his given address and was willing to abide by any conditions imposed by the court.

Additional Public Prosecutor (APP) Ramesh Siroya opposed the bail, arguing that Shirke would abscond if released.

Court’s Reasoning and Decision:

Judge Gurao noted that the offense under Section 420 of the IPC was registered against Shirke and that 10 paint tins were recovered at his instance. He observed that the major part of the investigation was complete and that further custodial interrogation was not necessary. He also considered Shirke’s willingness to abide by court conditions.

Bail Conditions:

Shirke was granted bail upon executing a personal bond of Rs. 30,000 with one or more sureties of the same amount. The following conditions were imposed:

• Shirke must attend the concerned police station as and when reasonably required by the investigating officer until further orders.
• He must not pressurize prosecution witnesses.
• He must not commit any offense while on bail.
• He must attend court dates regularly unless exempted.
• He must provide his correct address to the investigating officer.
• He was granted provisional cash bail of Rs. 30,000 for four weeks, until he can provide the surety.
• Bail to be furnished before the Ld. Magistrate.

Order Details:

The order was dictated on February 8, 2022, transcribed on February 10, 2022, and signed on February 11, 2022. The certified copy was uploaded on February 11, 2022.

This decision reflects the court’s consideration of the completion of the major part of the investigation, the recovery of the stolen goods, and the willingness of the accused to abide by conditions.