Mumbai, August 11th, 2022 – The Sessions Court for Greater Mumbai has granted bail to Akbar Abdul Razzak Shaikh, a 30-year-old resident of Tardeo, who was arrested in connection with a dacoity case. The court, presided over by Additional Sessions Judge Vishal S. Gaike, allowed the bail application, citing the completion of the investigation and the filing of the chargesheet.

Shaikh was arrested in connection with Crime No. 448 of 2022, registered at the Tardeo Police Station, involving charges under Sections 397 (robbery, or dacoity, with attempt to cause death or grievous hurt), 392 (robbery), 506(2) (criminal intimidation), 411 (dishonestly receiving stolen property), read with Section 34 (acts done by several persons in furtherance of common intention)¹ of the Indian Penal Code, along with Sections 4 and 25 of the Indian Arms Act, 1959, and Sections 37(1) and 135 of the Maharashtra Police Act.

According to the prosecution, the complainant, Santosh Shivaji Shinde, an employee of the Mumbai Municipal Corporation, reported that on May 29th, 2022, at approximately 2:45 AM, a group of individuals, including known habitual offender Rohit Waghari, entered the Tulshiwadi Sanitation Chowki where he was working. The complainant alleged that Waghari assaulted him, threatened him with a knife, and instructed his accomplices to steal items, including his mobile phone, an aluminum ladder, and two iron gutter covers, valued at Rs. 30,000/-.

The prosecution’s case relied on the complainant’s identification of Shaikh during a test identification parade and the recovery of the stolen iron covers from a scrap shop owner, Nasim Matiulla Khan, based on Shaikh’s memorandum statement. The prosecution argued that Shaikh’s release could hinder the ongoing investigation, as two other accused were still at large, and he might tamper with evidence or abscond.

Shaikh’s defense, presented by Advocate Shahid Iqbal, argued that his client was falsely implicated and that the chargesheet had already been filed. He assured the court that Shaikh would abide by any conditions imposed if granted bail.

Judge Gaike, in his order, noted that the investigation was complete, and the chargesheet had been filed against four accused. He also acknowledged the absence of any prior criminal record for Shaikh and considered his Aadhaar card, which indicated a permanent address in Tardeo.

“The trial may take time to commence and conclude. The presumption of innocence is available to the applicant till the conclusion of his trial,” Judge Gaike stated. “Hence, in the facts of the case, no purpose would be served by keeping the applicant behind bars. There is no possibility of his fleeing away from justice as he has no criminal antecedents.”

Consequently, the court granted bail to Akbar Abdul Razzak Shaikh, subject to the following conditions:

• Personal Bond (P.R.) and Surety Bond: Shaikh must furnish a P.R. bond and surety bond of Rs. 15,000/-.
• No Influence on Witnesses: He is prohibited from pressuring the complainant and witnesses in any manner that may dissuade them from providing information to the police or the court.

The court’s decision underscores the principle of granting bail when the investigation is complete, and the accused has no prior criminal record, emphasizing the presumption of innocence until proven guilty. The Tardeo Police Station will continue its pursuit of the remaining absconding individuals.