1
B.A. 114/24
MHCC020008082024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.114 OF 2024
Pathan Navid Khan Hamid Khan
Age 29 years, Occ : Business
Having address at Lohar Galli,
Juna Bazar, Beed
….Applicant
– Versus The State of Maharashtra
(At the instance of Nodal Cyber Police Station
C.R.No.02/2020 (Corresponding C.R.299/2019
Azad Maidan Police Station)
…. Respondent
Appearance :Adv. Ashish Dubey for the Applicant/accused.
Adv Priya Dubey h/f SPP Hiten Venegaonkar for the respondent present.

CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 12/02/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection
with CR.No.C.R.No.02/2020 (Corresponding C.R.299/2019 Azad
Maidan Police Station) registered at Nodal Cyber Police Station
Mumbai for the commission of offences punishable u/sec.
420,468,469,409,120(b) of The Indian Penal Code and Section 66(C),
2
B.A. 114/24
66(D) of the Information Technology Act, 2000.
2.

It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The accused is arrested on
21.11.2023. He has undergone custodial interrogation. Nothing is to be
seized or recovered from the possession of the accused. Therefore, there
is no point in keeping accused behind bars. He is a permanent resident
of his given address therefore he prayed for releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. The investigation is not completed therefore if the accused
is released on bail there are chances of flee from justice. If the accused
is released on bail there are chances of threatening of prosecution
witnesses and tampering of prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant and ld. APP for the State.
5.

As per case of the prosecution, informant is authorized
officer of Maharashtra State Skill Development Society (In short
“Society”) and the said society implements various skill development
schemes for the State and Central Government. For the implementation
of the scheme, training providers were empanelled. As per scheme, on
receipt of work order, such empanelled centers have to mobilized
candidate, complete training and provide suitable employment and for
this purpose, Maharashtra Government is providing Rs. 15,000/- to
each empanelled center for each student. There is online provision to
complete the process of empanelment of training center. It is further
3
B.A. 114/24
case of the prosecution that society has carried out inspection of the
empanelled centers and found that within district of Beed, Maharashtra,
10 institutes though registered, but there is no physical existence of
these institutes. It is further noticed that Assistant Director Tausif
Shaikh has generated these bogus entities and some of them were
registered on Sunday the day of holiday for the office. He was arrested
and later on released on bail. Co-accused Swati Bhalshankar was
arrested and released on regular bail by the Magistrate.
6.

It is alleged that on inspection of said institutes, it was
revealed that no such institutes were actually functioning at their
registered places. Some institutes were listed on 04.11.2018 on the day
of holiday. There is allegation of misuse of the website. There is also
allegation that web portal was hacked. Ten bogus institutes were
registered by S.M. Tausif Shaikh. It is revealed that the training
institutes have uploaded the false and forged documents.
7.

The role attributed to the present applicant / accused is
that he is the director of Hind Skill Development Center which is one of
the training center. It is alleged that out of subsidy received from the
government, 50% amount he has transferred to the accused Dashrath
Phophale. The applicant / accused has been arrested on 21.11.2023
since then he is behind bars. Co-accused Nikesh Tak having same role
has been released on bail. On the ground of parity the applicant /
accused is entitled to be released on bail. Since more than two months
the present applicant / accused is behind bars. Investigation related to
the present applicant appears to have been completed or ought to have
been completed. If reasonable conditions securing his presence are
imposed, he will be entitled for the bail. Hence I pass the following
4
B.A. 114/24
order :
ORDER
1.

Bail Application No.114 of 2024 is allowed.

2.

Applicant / Accused Pathan Navid Khan Hamid Khan, arrested in
C.R.No.02/2020 (Corresponding C.R.299/2019 Azad Maidan Police
Station) under Section 420,468,469,409,120(b) of The Indian Penal
Code and Section 66(C), 66(D) of Information Technology Act, 2000
registered with Nodal Cyber Police Station be released on bail on
furnishing P.B. and S.B. of Rs.25,000/- with one or two sureties.
3.

The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant / accused shall attend the concern police station on
1st and 3rd Saturday of every month till filing of the charge sheet.
5.

Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6.

The applicant / accused shall not leave India without prior
permission of the Court.
7.

Bail before the concern Magistrate.

Date : 12/02/2024
Dictated on
Transcribed on
Signed by HHJ on
: 12/02/2024
: 13/02/2024
: 15/02/2024
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.

5
B.A. 114/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
16/02/2024
1.00 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A.Sasne, Court Room No. 30.
Date of Pronouncement of ORDER 12/02/2024
ORDER signed by P.O. on
16/02/2024
ORDER uploaded on
16/02/2024