The Sessions Court for Greater Mumbai has granted regular bail to Arshad Ali Jainul Abdin Shaikh (23) and Mohd. Ahmed Yunus Ambreliya (19), who were arrested in connection with a case involving robbery at a petrol pump.
Additional Sessions Judge Dr. Shri S. D. Tawshikar (Court No. 10) issued the order on April 22, 2024, releasing both applicants on a P.R. and S.B. bond of Rs. 20,000/− each, along with one surety in the like amount.
Case Details and Court’s Rationale
The applicants were booked under Indian Penal Code Sections 279 (Rash driving), 337 (Causing hurt by act endangering life or personal safety), 395 (Dacoity), and 506 (Criminal intimidation) in C.R. No. 197 of 2024 registered at Dongari Police Station. The court considered the application before the filing of the charge-sheet.
Prosecution Allegations
The FIR, lodged by a petrol pump employee, alleged that on April 3, 2024, one of the occupants of a four-wheeler (MH−02−FY−0760) struck the informant after filling Rs. 600/− worth of petrol. The assailant then took Rs. 2,000/− from the informant’s pocket. During the scuffle, the car started, and the informant was dragged for some distance before sustaining injuries.
One juvenile accused was also involved and produced before the Juvenile Justice Board (JJB).
One juvenile accused was also involved and produced before the Juvenile Justice Board (JJB).
Grounds for Granting Bail
The court considered the following factors in granting bail:
- Recovery Made: The vehicle involved was seized, and the amount of the offence, Rs. 2,000/−, was already recovered.
- Tender Age: Both applicants are of a young age (23 and 19 years old).
- No Conviction Record: Although the prosecution highlighted that applicant No. 2, Mohd. Ahmed Yunus Ambreliya, has two prior criminal antecedents (under IPC Sections 307 and 392, related to attempt to murder and robbery), the court noted there seems to be no conviction record against him, stating “mere registration of two criminal cases against him would not be a sole ground to refuse bail to him.” Applicant No. 1, Arshad Ali Jainul Abdin Shaikh, has no criminal antecedents.
- Injury Status: The injuries sustained by the informant were not described as grievous.
- CCTV Footage: The prosecution informed the court that the CCTV camera at the petrol pump was not functional at the time of the incident, removing a potential piece of direct evidence.
The Judge concluded that given the overall circumstances, the applicants could be released on conditions, particularly since the key evidence and stolen amount were already secured.
Conditions of Release
To ensure the applicants cooperate with the investigation and do not repeat criminal activity, the court imposed the following mandatory conditions:
- The applicants must attend Dongari Police Station as and when called by the Investigating Officer till the filing of the charge-sheet.
- The applicants shall not tamper with the prosecution evidence or influence any witnesses.
- The applicants shall furnish proof of residence with their active phone numbers to the police station within seven days of release.
- The applicants shall not commit any criminal act while on bail.
The court explicitly warned that breach of any condition shall entail the cancellation of the bail.