Mumbai, March 12, 2024 – In a significant ruling, the Sessions Court of Greater Mumbai has granted bail to Sikandar Zarin Shah (50), a businessman accused of forging vehicle documents and illegally registering scrap vehicles. The bail application (No. 303/2024) was filed under Section 439 of the Code of Criminal Procedure (CrPC) in connection with Crime No. 81/2023, registered with the DCB CID Unit-4 and corresponding to C.R. No. 1096/2023 at Amboli Police Station.
The court, presided over by Additional Sessions Judge Rajesh A. Sasne (C.R. No. 30), ruled that Shah could be released on bail with certain conditions since the investigation was complete, the charge sheet had been filed, and no further recoveries were pending.
Case Background and Allegations
According to the prosecution, Shah had devised an elaborate scheme to illegally refurbish and sell scrap vehicles. The investigation uncovered that:
- Shah would purchase old, scrapped dumper trucks at low prices, repair them, and obtain fraudulent No Objection Certificates (NOCs) from the Arunachal Pradesh RTO.
- The vehicles would then be illegally re-registered at Vasai RTO, receiving new chassis and engine numbers through forgery.
- With the help of accomplices from Orissa and Telangana, the engine and chassis numbers were tampered with, making the vehicles appear newer than they actually were.
- Manufacturers confirmed that the seized vehicles were originally manufactured before 2012, yet they were registered as 2019 models, falsely categorized as BS-IV compliant vehicles instead of BS-III.
Shah was arrested on December 13, 2023, following an investigation by the DCB CID Unit-4. The police seized three vehicles from his possession, all suspected to have been fraudulently registered.
Defense’s Arguments for Bail
Representing the accused, Advocate Neha Bhavsar (along with Advocate Heet Patel on behalf of Advocate V.K. Dubey) contended that:
- Shah was falsely implicated and had no direct involvement in document forgery.
- He had fully cooperated with investigators, and there was nothing left to recover from his possession.
- The charge sheet had already been filed, and prolonged detention was unnecessary.
- Shah was a permanent resident of Mumbai, ensuring he would not abscond.
- The case against him was primarily circumstantial, relying on indirect links rather than direct evidence.
Prosecution’s Opposition to Bail
Additional Public Prosecutor (APP) Iqbal Solkar, appearing for the State of Maharashtra, opposed the bail application, arguing that:
- The accused played a key role in the forgery and illegal sale of vehicles, which poses a serious risk to public safety.
- If released on bail, Shah might attempt to influence witnesses and tamper with evidence.
- The case involved multiple co-accused across different states, and releasing Shah could hinder ongoing investigations.
However, the prosecution admitted that the main investigative aspects of the case had been completed.
Court’s Observations and Decision
After reviewing the arguments and evidence, Judge Rajesh A. Sasne made the following observations:
- The charge sheet had been filed, and investigation was substantially complete.
- The accused had been in custody since December 13, 2023, and further detention was not warranted.
- The primary concerns of the prosecution could be addressed by imposing strict bail conditions.
- There was no pending recovery of vehicles or documents from Shah, reducing the risk of evidence tampering.
Given these factors, the judge ruled that Shah was eligible for bail with stringent conditions to ensure his cooperation with the legal proceedings.
Bail Conditions Imposed by the Court
- Shah was granted bail upon furnishing a Personal Recognizance (P.R.) bond of ₹25,000, along with one or more sureties of the same amount.
- He must report to the police station on the second Saturday of every month (between 11:00 AM to 2:00 PM) until the framing of charges.
- He cannot tamper with prosecution evidence or witnesses in any manner.
- He must not leave India without prior court permission.
- A provisional cash bail of ₹25,000 was allowed, with a requirement to furnish a surety within four weeks. If the surety was not provided within this period, the cash bail would be forfeited.
- Bail formalities must be completed before the concerned Magistrate’s Court.
Legal and Social Implications
This case underscores the growing problem of vehicle fraud and illegal re-registration schemes in India. The court’s decision to grant bail reflects its view that pre-trial detention should not be punitive, especially when the investigation is complete.
However, the charges against Shah remain serious, and if convicted, he could face severe penalties under IPC sections related to forgery and fraud.
With Shah now out on bail, the focus will shift to the trial phase, where the prosecution will have to prove its case beyond a reasonable doubt. The case also raises broader concerns about regulatory loopholes in vehicle registration systems, particularly in Arunachal Pradesh, Vasai, and Virar RTOs, where fraudulent NOCs were allegedly obtained.