Mumbai, March 5, 2024 – Mohammed Habib Mohd. Samsher Alam Siddiqui, a 32-year-old businessman residing in Kamathipura, Mumbai, has been granted bail by the Sessions Court in Greater Mumbai at Mazgaon. This decision follows his conviction for theft under Section 379 of the Indian Penal Code (IPC) by the trial court.
Additional Sessions Judge K. P. Shrikhande, presiding over Court Room No. 87, granted the bail in Criminal Bail Application No. 258 of 2024, which was filed in conjunction with Criminal Appeal No. 65 of 2024. Siddiqui was convicted by the trial court on January 2, 2024, and sentenced to three months of simple imprisonment along with a fine of Rs. 500, with an additional eight days of simple imprisonment in case of default in fine payment.
Background and Court Proceedings:
Siddiqui was convicted in C.R. No. 483/2022, registered at the Gaondevi Police Station. Following his conviction, he filed a criminal appeal challenging the legality and propriety of the trial court’s judgment and sentence. Simultaneously, he applied for bail pending the appeal’s outcome.
Arguments and Court’s Reasoning:
Mr. Shahid Iqbal, representing Siddiqui, argued for his release on bail. The Additional Public Prosecutor (APP), Mr. Kishor Tadavi, opposed the application, citing the seriousness of the offense and the possibility of Siddiqui absconding.
However, Judge Shrikhande noted that Siddiqui had been on bail throughout the trial. Furthermore, considering that the substantive sentence had been suspended pending the appeal, the court deemed it appropriate to grant bail. The judge reasoned that since the appeal challenges the conviction and sentence, and the sentence itself is suspended, the risk of Siddiqui fleeing was mitigated.
Bail Conditions:
The court allowed the bail application and ordered Siddiqui’s release on furnishing a personal recognizance (P.R.) bond of Rs. 20,000 with a surety of the same amount. The court also stipulated that Siddiqui must furnish the bail before the trial court within one month.
To facilitate a smooth transition, the court granted Siddiqui the liberty to furnish a provisional cash bail for one month, allowing him time to arrange the required surety.
Court Order:
The formal order issued by Judge Shrikhande included:
- Criminal Bail Application No. 258 of 2024 is allowed.
- Mohammed Habib Mohd. Samsher Alam Siddiqui shall be released on bail upon executing a P.R. bond of Rs. 20,000 with a surety of the like amount.
- Siddiqui must furnish the bail before the trial court within one month.
- He is granted liberty to furnish provisional cash bail for one month.
- Criminal Bail Application No. 258 of 2024 is disposed of accordingly.
The order was dated February 23, 2024, and signed on March 5, 2024, after being typed on March 4, 2024. The upload of the certified copy occurred on March 5, 2024, at 3:20 p.m.
This decision reflects the court’s approach to balancing the severity of the offense with the individual’s rights during the appeal process. By granting bail, the court acknowledges the appellant’s right to challenge their conviction while ensuring they adhere to the legal process.