Mumbai Woman VIBHUTI MHASTE Granted Bail in Rs. 87 Lakh Credit Card and Loan Fraud Case; Court Cites Parity and Completed Investigation
Mumbai, India – February 23, 2024 – Vibhuti Sandesh Mhaske, a 45-year-old businesswoman, has been granted bail by a Mumbai Sessions Court in connection with an alleged Rs. 87 lakh fraud involving credit cards and home loans. Additional Sessions Judge Rajesh A. Sasne, presiding over Court Room No. 30, granted bail in Criminal Bail Application No. 343 of 2024, citing parity with a co-accused and the completion of the police investigation.
Mhaske was arrested on September 25, 2023, in connection with C.R. No. 62/2023 registered with DCB CID, Unit-3, Mumbai (corresponding to C.R. No. 515/2023 at Agripada Police Station). She faces charges under Sections 419 (cheating by personation), 420 (cheating and dishonestly inducing delivery of property), 465 (forgery), 467 (forgery1 of valuable security, will, etc.), 468 (forgery for purpose of cheating), 471 (using as genuine2 a forged document or electronic record), and 120(b) (criminal conspiracy) of the Indian Penal Code3 (IPC).
The Alleged Fraud and Victims:
The prosecution alleges that Mhaske and her accomplices induced individuals to obtain credit cards and home loans, then misused their documents and forged government papers to defraud them. The accused allegedly obtained approximately 300 credit cards and withdrew funds. They also obtained mobile SIM cards in the victims’ names and used them to communicate with banks.
According to the prosecution, informant Santosh Jadhav was defrauded of Rs. 4,49,986, and investigations revealed that around 20 individuals were cheated, with the total fraud amounting to Rs. 87,91,000.
Defense Arguments:
Mhaske’s defense argued that she was innocent and falsely implicated. They emphasized that she had undergone custodial interrogation, had a daughter to care for, and had no prior criminal record. They also pointed out that she was a permanent resident of her given address.
Prosecution Objections:
The prosecution opposed the bail, arguing that Mhaske’s release would affect the collection of evidence, pose a flight risk, and lead to witness intimidation and tampering with evidence.
Court’s Reasoning and Decision:
Judge Sasne, after reviewing the case records and hearing arguments from both sides, granted bail to Mhaske. The court acknowledged the serious nature of the allegations, including forgery of valuable documents, cheating, and fabrication of government documents.
However, the court also noted that Mhaske had been in custody for over three months, the charge sheet had been filed, and the investigation was complete. The court highlighted that Mhaske was facing trial for the alleged offenses and that the trial would take time to conclude.
“Till then the applicant can not be kept behind bars. If reasonable conditions securing her presence are imposed, she will be entitled for the bail. The accused Manju Gaikwad is released on bail. Hence, on the ground of parity the accused is entitled for the bail,” Judge Sasne stated in his order.
The court also pointed out that Mhaske was alleged to have obtained three different PAN cards with different names and PAN numbers.
Bail Conditions:
Mhaske was granted bail on the following conditions:
- She must furnish a personal bond and surety bond of Rs. 25,000 with one or two sureties.
- She must not tamper with prosecution witnesses or evidence.
- She must attend the concerned police station on the 1st and 4th Saturday of every month for three months.
- She was granted provisional cash bail and must furnish sureties within four weeks.
- She must not leave India without prior permission from the court.
- Bail before the concerned Magistrate.
Implications:
The court’s decision highlights the importance of parity in granting bail, as well as the consideration of completed investigations and the accused’s cooperation. It also underscores the court’s willingness to impose conditions to ensure the accused’s presence during the trial. The court also showed that even with serious allegations, if the investigation is complete, and another accused is granted bail, that parity can be used to grant bail.