Mumbai, April 9, 2025 (Thane News Network): The Additional Sessions Judge for Greater Bombay, Shri M.S. Kulkarni, presiding over the Court of Sessions at Bombay, has granted bail to one of the accused, Nazim Ayub Khan (22, Driver), in connection with a theft incident at a scrap dealer’s shop in Chembur. The order, dated August 18, 2022, was pronounced in open court and pertains to C.R.No. 774/2022 registered at the Mankhurd Police Station.

The case stems from an incident reported on July 29, 2022, involving offences punishable under Sections 395 (dacoity), 380 (theft in dwelling house, etc.), and 457 (lurking house-trespass or house-breaking by night in order to commit offence) read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).¹

According to the First Information Report² (FIR) lodged by Babbarsingh Laxmansingh Rajput, who runs a scrap material shop at Cristal Army Building in Khardev Nagar, Chembur, his shop was broken into. Rajput stated that he had closed his shop as usual at 9:00 p.m. on August 28, 2022, and returned to his residence in Mankhurd. The following morning, he was informed by his friend Sandip Sone, based on a telephonic call from a neighboring shop owner named Akram bhai, that his shop had been broken open. Upon reaching his shop, Rajput discovered that scrap material had been stolen.

The investigation into the matter led the Mankhurd Police to arrest the applicant, Nazim Ayub Khan, first, followed by the arrest of a third accused, Khalil Shaikh, and subsequently a fourth accused, Shamid.

Khan sought bail primarily on the grounds of false implication, arguing that the serious offence of dacoity (Section 395 IPC) was not applicable to the facts of the case. His advocate, Mr. Sanjay Jadhav, further pointed out that another accused, Shamim Mohd. Hanif Khan, had already been granted bail by the Metropolitan Magistrate Court on August 2, 2022. The defense also contended that the investigating officer had not collected any evidence directly placing Khan at the scene of the crime and emphasized that the applicant had no prior criminal record and was willing to abide by any conditions imposed by the court.

The prosecution, represented by Learned APP Mr. Ramesh Siroya, vehemently opposed the bail application. The state argued that Khan was a “hardened criminal” and that granting him bail could lead to him pressurizing the first informant and other witnesses. The prosecution further highlighted the recovery of stolen goods (“muddemal”) allegedly at the instance of the applicant and maintained that the serious offence of dacoity had been committed, with the investigation still ongoing.

After hearing the arguments from both sides, Additional Sessions Judge Shri M.S. Kulkarni analyzed the submissions. The court noted the investigating officer’s contention that Section 395 of the IPC was invoked based solely on the alleged involvement of more than five persons in the theft. While acknowledging that the number of individuals involved is a factor, the court opined that this fact alone might not be sufficient to attract the definition of robbery under Section 390 of the IPC, which is a prerequisite for a dacoity charge. The court refrained from delving deeper into this aspect at this stage.

Crucially, the court also took note of the fact that another accused in the same case had already been granted bail by the Metropolitan Magistrate Court under Section 437 of the Criminal Procedure Code (Cr.P.C.), and this order had not been challenged by the prosecution. On the principle of parity, the court found merit in granting bail to the present applicant.

Considering that the applicant was stated to be not a permanent resident of Mumbai, the court deemed it necessary to impose stringent conditions to safeguard the interests of the prosecution.

Consequently, the court passed the following order:

ORDER

1. Bail Application No. 1966 of 2022 is allowed.
2. Accused/applicant Nazim Ayub Khan is released on bail in C.R.No. 774/2022 on furnishing a Personal Bond (PB) and a Surety Bond (SB) of ₹25,000/- (Rupees Twenty Five Thousand) with one or more sureties in the like amount.
3. A provisional cash security of ₹25,000/- is allowed, which will remain in force for two months. During this period, the applicant/accused must furnish the surety as directed above.
4. Applicant/accused is directed to attend the Mankhurd Police Station every Monday between 10:00 a.m. and 11:00 a.m. until the filing of the charge-sheet.
5. Applicant/accused shall not flee from justice.
6. Applicant/accused shall not tamper with the evidence and shall cooperate with the investigating officer in the investigation.
7. Bail is before the trial Court.
8. Bail Application No. 1966/2022 stands disposed of accordingly.

The order was signed by Additional Sessions Judge Shri M.S. Kulkarni on August 23, 2022, and uploaded on August 24, 2022. This development provides temporary relief to Nazim Ayub Khan, pending further legal proceedings in the case. The investigation into the scrap shop theft continues.