Mumbai, April 26, 2022 (Thane Location Insight): The Additional Sessions Judge, M. G. Deshpande (C.R. No. 16), at the Sessions Court for Greater Bombay, has granted bail to Rodrigues Domnic Miltroy, a 38-year-old resident of South Goa, who was accused in a case of alleged visa fraud. Miltroy was booked under Sections 420 (cheating), 465 (forgery), 467 (forgery of valuable security, will, etc.), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document¹ or electronic record), 473 (making or possessing counterfeit seal, etc. with intent to commit forgery punishable otherwise), and² 120B (criminal conspiracy) of the Indian Penal Code (IPC) in C.R. No. 70/2022 registered at the BKC Police Station.

The prosecution, represented by Additional Public Prosecutor Mrs. Rashmi Tendulkar, opposed the bail application (Bail Application No. 831 of 2022) filed by Miltroy, citing ongoing investigation, the fact that absconding accused were yet to be arrested, the need to verify documents, and the possibility of the accused destroying evidence or absconding given his residence in Goa.

However, Advocate Prashant Aher, representing the applicant, argued for the grant of bail. After hearing both sides and perusing the documents, the court framed the following points for determination:

1. Whether the applicant-accused has made out a strong prima-facie case to release him on bail?
2. What Order?

The court answered the first point in the affirmative, leading to the order for bail.

REASONS FOR GRANTING BAIL:

The case originated from a complaint filed by Abrahm Ramirage, an Assistant Regional Security Officer and Investigator at the American Consulate in BKC. On March 17, 2021, while verifying visa application documents, the informant discovered that an appointment letter submitted by Rodrigues Domnic Miltroy, purportedly from Carnival Support Services India Pvt. Ltd., was bogus. Upon contacting the company, the consulate was informed that no such letter was issued in Miltroy’s name. When questioned, Miltroy could not provide a satisfactory explanation.

The investigation revealed that Miltroy had contacted an agent named Anil Pagare through a college friend working in America. Pagare allegedly agreed to prepare the necessary documents for a fee of Rs.4,50,000/​. Miltroy was instructed to contact a specific mobile number in Nashik and send his documents (CDC and passport) to an address in Nashik via Professional Courier. He was also allegedly told to delete the communication with the agency after contact.

Miltroy reportedly sent Rs.1,00,000/−​ to Anil Pagare’s SBI account. Pagare then informed Miltroy that his papers had been sent to the American Consulate via courier. However, during the visa interview, the documents were identified as forged.

Despite these findings, the court noted that Miltroy was arrested on March 17, 2022, and was in police custody until March 21, 2022. During this period, the Investigating Officer had already seized all relevant documents and collected material information through custodial interrogation. The court prima-facie observed that someone else, namely Anil Pagare, had allegedly prepared the forged documents for Miltroy’s visa application, with a girl being the point of contact as directed by Pagare.

Additional Sessions Judge Deshpande opined that sufficient investigation had been conducted against Miltroy. The court cited the settled legal principle that the further detention of an accused is not necessary solely for the purpose of arresting absconding co-accused. The court also noted that all alleged forged documents were already seized and that the reasons provided by the Investigating Officer did not justify further detention. The issue of overcrowded jails in Mumbai was also implicitly considered.

The court concluded that imposing certain conditions on the accused would adequately address the prosecution’s concerns. Therefore, it held that Miltroy had made out a strong prima-facie case for the grant of bail.

ORDER:

1. Bail Application No. 831 of 2022 is allowed.
2. Applicant Rodrigues Domnic Miltroy be released on bail in C.R. No. 70/2022 registered with BKC Police Station by his executing PR bond of Rs.30,000/−​ with one or two sureties of like amount.
3. The applicant shall attend BKC Police Station once a week on every Saturday at any time between 08.00 a.m. to 05.00 p.m. and maintain its record for 60 days.
4. The applicant shall undertake not to pressurize the informant and prosecution witnesses in any manner and also not to tamper with the evidence of prosecution.
5. The applicant be released on furnishing provisional cash security of Rs.30,000/−​ with PR bond with an undertaking to furnish surety within two months, as directed above.
6. Bail before Ld. Court of First Instance.

The order was signed by Additional Sessions Judge M. G. Deshpande on April 26, 2022, and uploaded on the same date.

This case illustrates the court’s consideration of the progress of the investigation, the evidence collected, and the personal liberty of the accused while deciding on bail applications. The imposition of conditions like weekly reporting to the police station aims to ensure the accused’s availability for further investigation and trial without necessarily keeping them in custody. The requirement of furnishing surety and a personal bond serves as a financial guarantee for their adherence to the bail conditions.