PANAJI
The Judicial Magistrate First Class (JMFC), Panaji rejected the bail application of criminal lawyer Mujahidin Sheikh on grounds that he is likely to tamper with the evidence as one muddemal property stolen from the Court premises is yet to be recovered
from him.
Shaikh had decamped with valuables from the Nasir Section of the Panaji Court at Altinho on the night of February 1.
The 2015-year pass out from a reputed law college in Panaji has been in conflict with the law twice previously but was acquitted in one case.
During the bail hearing, Advocate R Dessai, representing the accused stated that his client’s identity is disputed as analyses of CCTV footage of Building No 5 - where the theft occurred - shows the man - in a lawyer’s dress code - was wearing a mask.
The applicant further contended that he should be granted bail on grounds that there is no evidence to show that the applicant was involved in the present crime and that the evidence collected is in the nature of statements.
The advocate further alleged that he was selectively targeted and arrested in the present crime.
JMFC ‘E Court’ Magistrate Purva Naik however dismissed the contention. She opined that in pursuance of the case diary and more particularly the panchanama which is drawn while analyzing the CCTV footage, the accused had removed his mask while committing the offense.
“Therefore, the contention that the identity of the accused is disputed cannot be accepted and prima facie it appears that the accused is involved in the present crime,” she said.
Assistant Public Prosecutor P Phadte argued that the accused had tampered with the stolen envelopes/muddemal property of the court in various criminal cases, which in turn had hampered the evidence of that particular case.
He stated that this might cause injustice to those complainants. The prosecution also submitted to the Court that out of the 11 envelopes which were missing 10 envelopes were kept separately by the Nazir for the process of forfeiture of the muddemal properties/amounts as per the order passed by the respective court in the files, however one envelope of Rs 590 is still missing and yet to be recovered.
“Being an advocate by profession and having overall knowledge of the law, the accused person had committed such an offense of theft which shows that he is not afraid of the law,” the APP stated urging to reject his bail plea. Admitting the State’s submission, the JMFC rejected Sheikh’s bail application.
She also refused to accept the applicant’s contention that he should be debarred from practicing in Panaji Court to be granted bail.
