Mumbai, July 29, 2022 – Sahil Jalal Shaikh and Fakruddin Danish Shaikh, accused in a housebreaking and theft case in Tardeo, have been granted bail by Additional Sessions Judge Vishal S. Gaike. The court cited the filing of the chargesheet, the lack of prior criminal records, and the young age of the accused as primary reasons for granting bail.
Sahil Jalal Shaikh and Fakruddin Danish Shaikh were arrested in connection with Crime No. 263 of 2022 registered at Tardeo Police Station. They were charged under Sections 454 (lurking house-trespass), 457 (lurking house-trespass by night in order to commit offense), 380 (theft in dwelling house), 411 (dishonestly receiving stolen property), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code1 (IPC).
Allegations and Prosecution’s Case:
The prosecution alleged that on April 11, 2022, between 9:30 a.m. and 9:00 p.m., unknown persons broke into the complainant’s house and stole Rs. 26,50,000 in cash and 250 grams of silver coins worth Rs. 9,000.
During the investigation, CCTV footage led to the arrest of Fakruddin Danish Shaikh. His interrogation revealed the involvement of Sahil Jalal Shaikh. Recoveries were made, including the bag used in the theft, the metal safe, and portions of the stolen cash. However, a significant amount of cash remained unrecovered.
Defense Arguments:
Advocate Prasad Panchal, representing both accused, argued that his clients were innocent and falsely implicated. He emphasized that the chargesheet had already been filed in May 2022, indicating the completion of the investigation. He also highlighted that the accused had no prior criminal records and were young men, aged 24. They were willing to abide by any conditions imposed by the court.
Prosecution’s Stance:
Ld. A.P.P. J. N. Suryawanshi opposed the bail applications, arguing that the accused might abscond, threaten witnesses, or obstruct the investigation if released. He also pointed out that the accused did not have permanent residences in Mumbai.
Court’s Observations and Decision:
Judge Gaike, after considering the arguments and evidence, granted bail to both accused. He noted that the chargesheet had already been filed, indicating the completion of the investigation. The court also emphasized the lack of criminal antecedents and the young age of the accused.
“Though, the Investigating Officer has claimed that the applicants may obstruct the investigation after their release on bail, but it appears that the charge-sheet is already filed against them in the month of May, 2022. The copies of charge-sheet are filed on record along with both the applications. The applicants are not having any criminal antecedents and are young boys of 24 years of age,” Judge Gaike stated in his order.
The court also recognized that the trial might take time and that the accused were entitled to the presumption of innocence until proven guilty.
“The trial against them may take time to commence and conclude. The presumption of innocence is available to them till the conclusion of their trial. No further purpose would be served by keeping the applicants behind the bars,” the judge noted.
Conditions of Bail:
Both Sahil Jalal Shaikh and Fakruddin Danish Shaikh were granted bail on the following conditions:
- They must execute a Personal Recognizance (PR) Bond of Rs. 15,000 with two separate sureties of the like amount.
- They must not tamper with prosecution witnesses or evidence.
- They must provide their detailed addresses, mobile/contact numbers, address proof, and identity proof at the time of furnishing bail.
- They must inform the court and investigating officer of any change in their residence or mobile/contact number.
- They must attend court regularly.
- They must not leave the jurisdiction of the court without the permission of the concerned Metropolitan Magistrate.
- They must not threaten or pressurize the complainant or witnesses.
- Bail to be furnished before the concerned Metropolitan Magistrate.
Implications:
This decision highlights the court’s consideration of the completion of the investigation and the filing of the chargesheet as significant factors in granting bail. By imposing specific conditions, the court aimed to balance the accused’s right to liberty with the need to ensure their presence during the trial and prevent any interference with the judicial process. This case also underscores the importance of considering the individual circumstances of each accused, including their age and criminal history, when evaluating bail applications.