Mumbai, February 29, 2024 – Nisar Mohammed Mustaqali Khan (30), Zeeshan Nasar Siddiqui (21), and Asraf Ali Asgar Ali Khan (21) have been granted bail by the Sessions Court for Greater Bombay in connection with a robbery case. Additional Sessions Judge V.M. Sundale (Court Room No. 27) issued the order on February 28, 2024.

The three applicants were arrested in connection with C.R. No. 283/2023, registered at the Navghar Police Station. They were charged under Section 395 of the Indian Penal Code (IPC) (dacoity) for allegedly robbing the complainant.

Background and Arguments:

The applicants had previously filed a bail application (No. 3015/2023), which was rejected on December 18, 2023, primarily because the investigation was in its early stages and their presence was required for a test identification parade.

In their second bail application, the applicants argued that the investigation was now complete, and the test identification parade had been conducted. They emphasized that the complainant did not sustain any serious injuries during the alleged robbery. While the complainant alleged that his gold chain, smart watch, and wallet were forcibly taken on November 15, 2023, the police only recovered Rs. 5,000 from the wife of applicant no. 1.

Advocate Bhaskar J. Sarwade represented the applicants, while Additional Public Prosecutor (APP) Ratnavali Patil represented the State. The prosecution opposed the bail, citing the seriousness of the offense, the applicants’ alleged involvement in a criminal conspiracy, and the criminal antecedents of applicant no. 1.

Court’s Reasoning and Decision:

Judge Sundale noted that the investigation was complete, the charge sheet was filed, and the applicants’ presence was no longer required for any recovery or discovery. He also considered that the applicants had been in custody for three months.

While acknowledging the criminal antecedents of applicant no. 1, the court stated that this alone was not sufficient grounds to keep the applicants in custody indefinitely. The court also determined that any apprehension of witness tampering or absconding could be addressed by imposing stringent bail conditions.

Bail Conditions:

The court granted bail to all three applicants upon furnishing a personal bond of Rs. 50,000 each with one or two sureties of the same amount. The following conditions were imposed:

• The applicants and their sureties must provide their mobile numbers, email addresses, and proof of residence.
• The applicants must not directly or indirectly influence or threaten any witnesses.
• The applicants must not leave India without prior permission from the court.
• The applicants must furnish surety within four weeks of their release from jail, failing which their provisional cash bail will be forfeited.
• Breach of any condition will result in the cancellation of their bail.
• Bail to be furnished before the learned Metropolitan Magistrate Court.

Order Details:

The order was dictated and transcribed on February 28, 2024, and signed on February 29, 2024. The certified copy was uploaded on February 29, 2024, at 5:15 p.m.

This decision reflects the court’s consideration of the completion of the investigation, the absence of serious injuries to the complainant, and the ability to impose conditions to ensure the applicants’ compliance with the legal process.