Mumbai, April 29, 2022 (Greater Bombay Sessions Court): The Additional Sessions Judge, Shri G.B. Gurao, presiding over Court Room No. 17 at the Sessions Court for Greater Bombay, has rejected the bail application of Shamsuddin Nasib Ali Shaikh, the accused in Crime No. 595/2021 registered at the RCF Police Station in Mumbai. Shaikh was booked under Sections 420 (cheating), 465 (forgery), 467 (forgery of valuable security, will, etc.), 468 (forgery for purpose of cheating), and 471 (using as genuine¹ a forged document or electronic record) read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).² The order denying bail under Section 439 of the Criminal Procedure Code (Cr.P.C.) was issued on April 25, 2022.

The applicant/accused, Shamsuddin Nasib Ali Shaikh, aged 53 and involved in business, sought bail through his advocate, Mr. Iqbal Shaikh. The defense argued that the accused was innocent and falsely implicated, suggesting the FIR was registered as an afterthought and with substantial delay. Mr. Shaikh further submitted that the transaction in question was civil in nature and assured the court that the applicant/accused was ready to abide by any conditions imposed. He, therefore, prayed for the accused’s release on bail.

However, the State, represented by Ld. APP Mr. Ramesh Siroya, strongly opposed the bail application. Mr. Siroya submitted that the accused was a habitual offender with similar offenses already registered against him. He highlighted that the accused had allegedly cheated the complainant to the tune of ₹16,00,000/- and that the investigation was still in progress. Consequently, the Ld. APP urged the court to reject the bail application.

After considering the submissions from both sides, Additional Sessions Judge Shri G.B. Gurao focused on the serious nature of the allegations against the accused. The complainant, involved in embroidery design work, needed a room and contacted the accused. The accused allegedly pretended to be the owner of a room in Bhakti Park, Wadala, and accordingly extracted a substantial sum from the complainant. When the complainant attempted to reside in the said room, officers from the MMRDA (Mumbai Metropolitan Region Development Authority) evicted him, revealing that the accused had no rightful ownership of the property. Subsequently, the accused allegedly showed the complainant an open plot in Tahsil Vasai, District Thane, which also turned out not to be owned by the accused.

The court noted that prima facie, it appeared that the accused had prepared forged documents and cheated the complainant of a significant amount of ₹16,00,000/-, causing wrongful loss of his hard-earned money. The court emphasized the seriousness of the offense and the ongoing nature of the investigation.

Furthermore, the prosecution brought to the court’s attention the accused’s criminal antecedents. Similar offenses were reportedly registered against the accused at the Shivaji Nagar Police Station. Additionally, more serious offenses under Sections 392 (robbery) and 395 (dacoity) were registered against him at the Deonar Police Station.

Considering the accused’s unclear antecedents and the likelihood of him committing similar offenses and pressuring witnesses if released on bail, especially with the investigation still underway, the court concluded that the accused was not entitled to bail.

Consequently, the court passed the following order:

ORDER

Bail Application No. 777/2022 is hereby rejected and disposed of accordingly.

The order was dictated on April 25, 2022, transcribed on April 26, 2022, and signed on April 29, 2022, by Additional Judge Shri G.B. Gurao. This decision means that Shamsuddin Nasib Ali Shaikh will remain in custody pending further legal proceedings in the property fraud case due to the serious allegations against him and his criminal history.