Mumbai, July 30, 2022 – The Additional Sessions Judge A.A. Kulkarni (Court Room No. 24) rejected the bail application of Sushil Ram Swaroop Sharma in connection with a cyber fraud case registered at North Region Cyber Police Station. The court cited Sharma’s involvement in opening a bank account used in the fraud and his residency outside the court’s jurisdiction as key factors in its decision.

Background of the Case:

Sushil Ram Swaroop Sharma, a 35-year-old service professional residing in Jaipur, Rajasthan, was arrested in connection with a cyber fraud case. The prosecution alleged that Sharma, along with Pradeep Sharma and others, fraudulently transferred Rs. 17,60,000 from the complainant’s account to an account belonging to Pradeep Sharma under the name “Prime Harbal Enterprises.” The investigation also revealed connections to Nigerian individuals and the use of numerous SIM cards and handsets.

Arguments Presented:

Advocate Sachin Shirke, representing Sharma, argued that his client was merely an agent who assisted in opening the bank account for Pradeep Sharma and had no involvement in the actual fraud. He stated that Sharma did not receive any money from the alleged offense and that there was no need for his custodial interrogation.

Additional Public Prosecutor (APP) Ratnavali Patil, representing the State, opposed the bail application. She argued that Sharma, Pradeep Sharma, and others, including Nigerian individuals, were involved in the cyber fraud. She emphasized that Sharma had assisted Pradeep Sharma in opening the account and that the investigation revealed a broader network of cybercrime involving numerous SIM cards and handsets. She also highlighted that Sharma was not a resident of the court’s jurisdiction, posing a flight risk.

Court’s Reasoning and Decision:

Judge Kulkarni, after reviewing the FIR and other documents, noted that Sharma admitted to having an acquaintance with Pradeep Sharma, in whose account the defrauded amount was transferred. He also acknowledged assisting in opening the account under the name “Prime Harbal Enterprises.”

“During hearing applicant’s advocate admitted that applicant is not authorized agent of any Bank for the purpose of opening of the bank account. In such circumstances, there is scope to believe that there is involvement of applicant in alleged offence,” Judge Kulkarni stated in his order.

The court also considered the broader scope of the investigation, which indicated the involvement of Nigerian individuals and the use of numerous SIM cards and handsets.

“Further on the basis of prima facie investigation, applicant, Pradeep Sharma and other persons are involved in this case alongwith Nigerian persons. Therefore, in my opinion, scope of investigation of this case is not limited to the extent of fraud committed with informant’s company,” Judge Kulkarni stated.

The court also highlighted Sharma’s residency in Rajasthan, outside the court’s jurisdiction, as a significant factor.

“Applicant is not resident of jurisdiction of this Court. He is resident of State of Rajasthan. Therefore, in such circumstance, it is not safe to release applicant on bail in view of securing his presence during trial,” Judge Kulkarni stated.

Consequently, the court rejected the bail application of Sushil Ram Swaroop Sharma.

Implications and Significance:

This ruling highlights the court’s consideration of the accused’s involvement in facilitating financial transactions related to cyber fraud. The decision underscores that even assisting in opening a bank account used in a fraud can be considered a significant factor in denying bail.

The court’s emphasis on the accused’s residency outside the court’s jurisdiction and the broader scope of the investigation reflects a concern about potential flight risk and the need to ensure the accused’s presence during the trial.

The order was dated July 29, 2022, and uploaded on July 30, 2022, at 4:30 p.m.