Mumbai, March 22, 2024 – Amjad Akhtar Shaikh, a driver, has been granted bail by the Sessions Court for Greater Bombay in a case involving theft and cheating. Additional Sessions Judge S.N. Patil (Court Room No. 17) issued the order on March 21, 2024.
Shaikh was arrested in connection with C.R. No. 36 of 2024, registered at the Chembur Police Station, for offenses under Sections 381 (theft by clerk or servant of property in possession of master), 408 (criminal breach of trust by clerk or servant), 420 (cheating and dishonestly inducing delivery of property), and 34 (acts done by several persons in furtherance of1 common intention) of the Indian Penal2 Code (IPC).
Background and Allegations:
The complainant, Chitra Anand Salunke, alleged that Shaikh, her driver, stole Rs. 3 lakhs from her purse and cheated her by submitting fake petrol bills. She claimed that Shaikh would take Rs. 6,000 every Saturday for refueling her car but would fill less petrol and obtain inflated bills from a petrol pump employee, Rajkumar Mewalal Prajapati.
Arguments Presented:
Advocate Avdesh Kanojia (h/f Advocate Sakib Shaikh) represented Shaikh, arguing that he was falsely implicated, had been in custody for 32 days, and no further detention was required. He also cited a delay in filing the FIR, the absence of any recovery from Shaikh, and his status as the sole breadwinner of his family.
Additional Public Prosecutor (APP) Ashwini Raykar opposed the bail, arguing that Shaikh would commit similar offenses, pressurize witnesses, and flee from justice.
Advocate Chitra Salunkhe, the complainant (intervenor), argued that Shaikh had duped her, stolen Rs. 3 lakhs, and submitted fake petrol bills. She expressed concerns that he would abscond if released.
Court’s Reasoning and Decision:
Judge Patil considered the submissions of both sides. He noted that nothing had been recovered from Shaikh and that the prosecution’s say indicated the investigation was almost complete. Shaikh had been in police custody for over 40 days.
The court stated that the principle of law is that bail is the rule and jail is an exception. The court believed that imposing stringent conditions would serve the purpose and mitigate the risks of absconding and witness tampering. The court found no purpose in keeping Shaikh in custody.
Bail Conditions:
Shaikh was granted bail upon furnishing a personal bond of Rs. 25,000 with one or more solvent sureties of the same amount. The following conditions were imposed:
- Shaikh must not tamper with prosecution evidence or witnesses.
- He must not directly or indirectly influence or threaten any person acquainted with the case.
- He must report to the Chembur Police Station investigating officer once a month (on the 25th of each month) until the filing of the charge sheet.
- He must not leave India without prior permission from the court.
- He was granted provisional cash bail of Rs. 25,000 for four weeks, during which he must provide sureties.
Order Details:
The order was dictated, transcribed, and signed on March 21, 2024, and uploaded on March 22, 2024, at 4:30 p.m.
This decision reflects the court’s consideration of the near-completion of the investigation, the lack of recovery from Shaikh, and the imposition of conditions to ensure his compliance with the legal process.