Mumbai, February 12, 2024 – The Sessions Court for Greater Bombay has granted bail to Imran Iqbal Shaikh, a 43-year-old resident of Kamothe, Navi Mumbai, who was arrested for his alleged involvement in fabricating a fake railway pass. The case was registered under Crime No. 72/2024 at the Kurla Railway Police Station, with charges framed under Sections 420, 34, 465, 468, and 471 of the Indian Penal Code (IPC) and Section 147 of the Indian Railway Act.
Case Background
The case originated when co-accused Dipti Nai was apprehended by railway police for using a forged railway pass. Upon further investigation, authorities alleged that the fake pass was created by Imran Iqbal Shaikh using a computer. Both accused were arrested, with Nai taken into custody on January 15, 2024, and Shaikh following on January 16, 2024.
Defense Arguments
Represented by Advocate Mohd. Ismail Khan, Shaikh claimed that he was falsely implicated and that he had no criminal record. The defense emphasized that the accused had already undergone custodial interrogation and that no further recovery was pending from him. The defense argued that continued detention was unnecessary and sought bail on the grounds that Shaikh was a permanent resident with no risk of absconding.
Prosecution’s Objection
The prosecution, led by APP Kalpana Hire, opposed the bail application, citing concerns that Shaikh might tamper with evidence or threaten prosecution witnesses if released. They maintained that the nature of the offense warranted continued detention to ensure the integrity of the ongoing investigation.
Court’s Ruling
After reviewing the case details, Additional Sessions Judge Rajesh A. Sasne ruled that Shaikh should be granted bail with specific conditions. The court noted that the alleged forgery involved only one railway pass and that the investigation could continue without Shaikh’s custody. The following bail conditions were imposed:
- Bail Amount: Shaikh was granted bail upon furnishing a personal bond and surety bond of ₹20,000/- with one or two sureties.
- Regular Police Reporting: He must visit the concerned police station on the 1st and 4th Saturday of each month between 11:00 AM and 2:00 PM until the charge sheet is filed.
- No Tampering with Evidence: He is strictly prohibited from contacting prosecution witnesses or interfering with the case in any manner.
- Travel Restrictions: Shaikh cannot leave India without prior court approval.
- Cash Bail Provision: A provisional cash bail in the same amount was permitted, with a four-week deadline for furnishing sureties. Failure to do so would result in forfeiture of the cash bail.
Legal Implications
This case highlights the judiciary’s approach to balancing individual rights with the necessity of investigation. While forgery and fraud-related offenses are taken seriously, the court’s decision to grant bail suggests that pre-trial detention should not be unnecessarily prolonged, especially when the accused poses no immediate threat to the investigation.
The case will continue in the trial court, where further evidence will determine Shaikh’s culpability in the alleged crime.