Mumbai, February 17, 2024 — The Sessions Court of Greater Bombay has rejected the bail application of businessman Mohammed Fareed Usmani (54) in connection with an alleged property fraud case. The court, presided over by Additional Sessions Judge S.N. Patil, ruled that the nature of the offense and the applicant’s involvement warranted continued detention.
Case Background Usmani was arrested in November 2023 after a complaint was filed by Sub-Registrar Ishwar Devshi, leading to the registration of a case at Chembur Police Station under Sections 420, 465, 466, 468, and 471 of the Indian Penal Code, along with Section 82 of the Indian Registration Act.
The complaint was initially lodged by Nilofar Kashif Usmani, who alleged that a fraudulent Gift Deed had been executed in August 2022, transferring ownership of Tenement No. 4164, Matruchhaya CHS Ltd., Vikhroli East, Mumbai. The deed was submitted for registration despite the fact that the original owner, Smt. Shahana Siddiqui, had passed away in July 2021. Investigations revealed that Usmani had presented a false declaration affirming the deceased’s survival, leading authorities to suspect fraudulent intent.
Court Proceedings and Verdict During the hearing, Usmani’s defense, led by Advocate Ashish Dubey and Advocate Shahnaaz Chougule, argued that the accused was unaware of the legal invalidity of the Power of Attorney following the executant’s death. They also contended that the registration process had been handled by agents and that Usmani, who is unfamiliar with Marathi, had signed the declaration inadvertently. Additionally, the defense cited Usmani’s ongoing medical ailments and lengthy pretrial detention as grounds for bail.
The prosecution, represented by Additional Public Prosecutor Mrs. Ashwini Raykar, strongly opposed the bail plea, emphasizing the severity of the crime. The prosecution highlighted Usmani’s alleged history of property-related fraud and argued that his release could lead to witness tampering and obstruction of justice.
Judge Patil, in his order, observed that Usmani had played a “vital role” in the fraudulent transaction, including forging the deceased’s signature. The court also noted that the fraudulent deed was part of an alleged scheme to gain illegal possession of the property. Given the ongoing investigation and the gravity of the offense, the court deemed bail inappropriate.
Legal Implications The case highlights the stringent legal provisions governing property registration and fraud in India. Under Section 420 of the IPC, offenses related to cheating and dishonestly inducing delivery of property are punishable by imprisonment of up to seven years and a fine. Similarly, Section 468, which deals with forgery for the purpose of cheating, carries a prison term of up to seven years.
Usmani remains in judicial custody as further investigations continue. His legal team is expected to challenge the bail rejection in a higher court.
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