Mumbai, October 1, 2022 – Bilal Siraj Jafari @ Irani has been granted bail by the Sessions Court for Greater Bombay in connection with a cheating case. Additional Sessions Judge Sunil U. Hake granted bail, citing the significant delay in arrest, the lack of a test identification parade, and the weak evidence linking the recovered money to the stolen item.

Jafari, 30, was arrested in connection with Crime No. 17/2021, registered at Tilak Nagar Police Station. He was charged with offences punishable under Sections 420 (cheating) and 170 (personating a public servant) of the Indian Penal Code.

The Allegations and Complainant’s Account

The complainant reported that on January 15, 2021, she and her husband were walking when Jafari approached them, claiming a police check was in progress. He asked her to place her gold chain in a handkerchief, which he then manipulated. Upon opening the handkerchief later, she discovered her gold chain was missing.

Defense Arguments and Court’s Observations

Jafari’s defense argued that he was falsely implicated, that there was a significant delay between the alleged offense and his arrest, that no test identification parade was conducted, and that there was no strong evidence linking him to the crime.

The court, after reviewing the application, the investigating officer’s say, and hearing arguments from both sides, noted the following:

• Delay in Arrest: The alleged offense occurred on January 15, 2021, but Jafari was not arrested until November 24, 2021, nearly 10 months later.
• Lack of Identification Parade: Despite the lengthy investigation, the investigating officer did not conduct a test identification parade to confirm the complainant’s identification of Jafari.
• Weak Recovery Evidence: The only recovered item was Rs. 10,000, which was found following Jafari’s disclosure statement. However, there was no evidence to prove that this money was the proceeds from the sale of the stolen gold chain.
• Charges Not Framed: Even though the chargesheet was filed in January 2022, charges were not framed till the date of the order.
• Triable by Magistrate: The alleged offence is triable by a Magistrate and is not punishable by life imprisonment or death.

Reasons for Granting Bail

The court cited the following reasons for granting bail:

• The significant delay between the alleged offense and the arrest.
• The absence of a test identification parade.
• The weak evidence linking the recovered money to the stolen item.
• The fact that the offence is triable by a magistrate.

Conditions of Bail

Jafari was granted bail on the following conditions:

• He must execute a personal bond of Rs. 15,000 with one solvent surety of the same amount.
• He must not directly or indirectly influence or threaten any witness.
• He must not commit a similar offense while on bail.
• He must not leave India without permission from the trial court.
• He was granted a provisional cash bail of Rs. 15,000 for a period of four weeks, to allow him time to organize his surety bonds.
• Bail before the Trial Court.

Implications and Future Proceedings

The granting of bail highlights the court’s emphasis on timely investigation and the importance of identification procedures. The court’s decision also reflects the principle that bail should be granted unless there are compelling reasons to deny it. The case will proceed to trial, where the prosecution will present its evidence, and the defense will have the opportunity to challenge the allegations. This decision reflects the courts careful consideration of facts and circumstances in criminal proceedings.