CNR No.

MHCC02­009747­2022
IN THE COURT OF SESSION FOR GR. BOMBAY AT MUMBAI
BAIL APPLICATION NO.1798 OF 2022
Aashir Ahmed Shaikh
Age : 25 year, Occ : Business,
R/o : Gardee Building, Room No.23­24,
4th floor, 7­Erskine Road, Bhindi Bazar,
Mumbai­3
…
Applicant
…
Respondent
Versus
The State of Maharashtra
(At the instance of Police Station,
Sir J.J. Marg,
C.R.No.22/2022)
Appearance:
Mr. I.A. Khan, Ld. Adv. for applicant.
Mrs. Kavita Bagal, Ld. Addl. P.P.
CORAM :
DATE :
HIS HONOUR ADDL.SESSIONS
JUDGE M. G. DESHPANDE
(C.R.No.16)
August 3, 2022
ORDER
1.

Applicant Aashir Ahmed Shaikh is accused No.2 in
C.C.No.504/2022 in respect of C.R.No.22/2022 registered with Sir J.J.
Marg Police Station, under Ss. 406, 409, 420, 504, 506 r.w Sec.34 IPC.
Prosecution vide say (Exh.2) of Investigating Officer strongly opposed
the application on following grounds,
a. The applicant has not cooperated the investigation.
b. There is no firm place of residence of the applicant, hence
he is likely to abscond.
c. Another crime no.172/2021 registered in Mumbra Police
Station under Sec.420,406,34 IPC and their presence is
required for the same.

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BA No.1798/2022
2.

Heard Ld. Adv. I.A. Khan for the applicant and Ld. APP
Mrs. Kavita Bagal. Following points arise for my determination. I am
recording following findings thereon for the reasons discussed below :­
POINTS
FINDINGS
1.

Whether the applicant­accused has made
out a strong prima­facie case to release him
on bail ?

Yes
2.

What Order ?

Application is
allowed.
REASONS
POINTS NO.1 AND 2.
THE FACTS INVOLVED IN C.R.No.22 OF 2022
3.

So many facts have been alleged in the chargesheet. Sum
and substance thereof is that, accused Rais Ahmed Bashir Ahmed
Shaikh, his wife Ms. Minaz Rais Ahmed Shaikh their son Aashir Rais
Ahmed Shaikh (the applicant) and brother of Rais Shaikh named Ajim
Bashir Ahmed Shaikh in furtherance of their common intention started
business in the name “Sea Rock Sea Food Company” and gained
confidence of the informant and others. For that all of them made false
pretedence that, if investors invest maximum amount in their company,
they would get huge profits therefrom.

In this way, all of them
collected Rs.75,60,000/­ from the informant and others as an
investment.

Initially they repaid some profits, but subsequently
refunded nothing and cheated all of them. In spite of repeated pursuing
they could their money back, on the contrary accused Rais Shaikh
abused the informant and her husband. In this background FIR came to
be registered. These are the facts.

BA No.1798/2022
4.

.. 3..

Admittedly, anticipatory bail was granted to the accused
No.3 and 4. This applicant was arrested on 25.02.2022. On the same
day Ld. Court of First Instance remanded him to judicial custody. The
said order was challenged in revision and again the applicant was
remanded in police custody. At last on 12.03.2022 he was directed in
judicial custody. Eversince till date he is in judicial custody. Careful
perusal of chargesheet prima­facie indicates that this applicant
explained their scheme to Sohail Shaikh, who was his classmate. This
Sohail Shaikh was further told that, if someone invests Rs.1 Lakh with
his father, he would get Rs.4,000/­ per month profit therefrom.
Knowing this scheme Sohail got attracted, hence informed the same to
his father Shakil Ahmed Shaikh. On the basis of the said information
Smt. Falak Ara Nissar Ahmed Shaikh visited Sea Rock Sea Food
Company and took more information from Rais Shaikh (A1). Believing
the said assurances given by Rais Shaikh she agreed to invest Rs.5 Lakh
and accordingly, gave the same to accused No.1 Rais Shaikh on
25.12.2015. This facts is mentioned in the statement of Smt. Falak Ara.
5.

It is material to note that except this, there is no allegation
against the applicant in the chargesheet.

Whatever statements filed
with the chargesheet prima­facie indicates role of Rais Shaikh, father of
the applicant. It cannot be ignored that age of the applicant is 25 year.
Even if the statement of Mr. Falak Ara is considered as it is same
nowhere indicates that, he simply explained the scheme to his classmate
Sohail Shaikh which basically received from his father. Explaining the
scheme introduced by his father cannot prima­facie indicates that the
applicant is actively participated the said crime and had common
intention with his father by introducing such scheme. Except this, there
is absolutely nothing against the present applicant. Of course, all other
BA No.1798/2022
.. 4..

facts relate to his father Mr. Rais Ahmed Bashir Ahmed Shaikh he is
undertrial prisoner and facing trial.
6.

Careful perusal of copies of various documents relating to
the said scheme, prima­facie indicate that it is Rais Ahmed Bashir
Ahmed Shaikh, who had put his signatures on various documents
acknowledging the payments made by the investors.

None of such
receipts of acknowledgments bear signature of the present applicant.
Therefore, I am of the opinion that, if this young boy remains in jail for
uncertain period, will ultimately face far reaching consequences on his
career. His role is not similar to the role of his father. It cannot be
ignored that his mother and uncle were already granted anticipatory
bail. It has to be noted that all the jails in Mumbai are overcrowded.
No one is sure when the trial is conclude. Apart from this, the role
attributed to the applicant prima­facie indicates that he had no
intention to cheat or commit breach of trust while explaining the
scheme introduced by his father. Hence, I hold that this is a fit case
where the bail has to be granted. Hence, I hold that applicant has made
prima­facie case to release him on bail. Therefore, Point No.1 answered
in the affirmative and following order is passed.
ORDER
1.

Bail Application No.1798/2022 is allowed.

2.

Applicant­accused Aashir Ahmed Shaikh be released on
bail in C.R.No.22/2022 registered with Sir J.J. Marg
Police Station on executing P.R. bond in the sum of
Rs.30,000/­ and one or two surety bonds of like amount.

3.

The applicant shall undertake not to pressurize the
informant and prosecution witnesses, and also not to
tamper with the evidence of prosecution.

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BA No.1798/2022
4.

The applicant shall not leave Mumbai without permission
of the Ld. Metropolitan Magistrate concerned.

5.

The applicant shall undertake to attend each and every
date of the trial.

6.

The applicant shall furnish address of his residence with
proof thereof.

7.

The applicant is permitted to furnish provisional cash
security of Rs.30,000/­ for a period of two months, with
PR bond as directed above.

8.

Bail before the Ld. Court of First Instance.
MADHAV
GOPAL
DESHPANDE
Dt.: 03.08.2022
Signed on
Digitally signed by
MADHAV GOPAL
DESHPANDE
Date: 2022.08.04
16:31:21 +0530
( M.G. Deshpande )
Addl. Sessions Judge.
C.R.No.16, Gr.Bombay at Mumbai
: 03.08.2022
BA No.1798/2022
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
04.08.2022
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(KISHOR PRAKASH SHERWADE)
NAME OF STENOGRAPHER
HHJ M. G. DESHPANDE
(COURT ROOM NO.16)
of 03.08.2022
Judgment/order signed by P.O. on
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