Mumbai, July 1, 2022 – In a ruling that considered the filing of the charge sheet and the nature of the offense, the Additional Sessions Judge Smt. S. C. Jadhav (C.R. No. 40) granted bail to Samim Munim Shah in connection with an outraging modesty case registered at Bandra Police Station (C.R. No. 702 of 2022). The court imposed conditions to ensure the accused’s cooperation and prevent any interference with the investigation or witnesses.

Background of the Case:

Samim Munim Shah, a 24-year-old resident of Balrampur, Uttar Pradesh, was arrested for allegedly outraging the modesty of a woman on May 4, 2022, at around 4:00 p.m. The case was registered under Section 354 of the Indian Penal Code (IPC).

Arguments Presented:

Advocate Sandeep Sherkhane, representing Shah, argued that his client was falsely implicated in the case and that there was no substantial material against him. He emphasized that the charge sheet had already been filed, making further custody of the accused unnecessary. He also assured the court that Shah was willing to abide by any terms and conditions imposed.

The State/Respondent did not appear during the hearing.

Court’s Reasoning and Decision:

Judge Jadhav, after reviewing the say filed by the Investigating Officer (IO), noted that the charge sheet had been filed against Shah. She also considered the nature of the offense, which is punishable under Section 354 of the IPC.

“Admittedly the charge sheet is already filed against him,” Judge Jadhav stated in her order. “Therefore further custody of accused is not required. The accused is ready to abide the terms and condition imposed by the court. The offence is not punishable with life imprisonment or death. No case is made out by the prosecution to reject the bail application.”

Consequently, the court granted bail to Samim Munim Shah, ordering his release upon furnishing a Personal Recognizance (PR) bond of Rs. 15,000 with one or two sureties of the same amount.

The court imposed several conditions, including that Shah must not threaten or pressurize the informant and witnesses, must provide his residential, native, and service place address proofs and contact numbers to the IO within two weeks, and must be released on a provisional cash surety of Rs. 15,000 for a period of eight weeks, with the cash bail amount to be deposited with the Sessions Department.

Implications and Significance:

This ruling highlights the court’s consideration of the progress of the investigation and the nature of the offense in bail matters. The decision underscores that the filing of the charge sheet often reduces the necessity for further custodial interrogation.

The imposition of specific conditions, such as providing address proofs and refraining from influencing witnesses, reflects the court’s effort to balance the rights of the accused with the need to ensure the integrity of the investigation and protect potential victims.

The order was dictated on June 30, 2022, typed and signed on July 1, 2022, and uploaded on the same day.