Mumbai, April 10, 2024 – Tushar Vasudev Parab, a businessman, has been granted bail by the Sessions Court for Greater Bombay in a case involving embezzlement and forgery. Additional Sessions Judge S.B. Pawar (Court Room No. 58) issued the order on April 8, 2024.
Parab was arrested in connection with FIR No. 405 of 2023, registered at the Dadar Police Station, for offenses under Sections 408 (criminal breach of trust by clerk or servant), 420 (cheating), 465 (forgery), 467 (forgery of valuable security, will, etc.), 468 (forgery for purpose of cheating), and 471 (using as genuine a forged document or electronic record) of the Indian Penal Code (IPC), and Sections 43(a)(f) (damage to computer, computer system, etc.) and 66 (computer related offenses) of the Information Technology Act.
Background and Allegations:
The prosecution alleged that Parab’s wife, Rutuza Parab, who worked as an accountant/secretary for the complainant, Smt. Samira Rathod, misappropriated Rs. 1,45,00,000 from the complainant’s business. She allegedly transferred the money to her bank account from the complainant’s account by creating forged bank statements and providing them to the complainant’s Chartered Accountant. Some of the misappropriated funds were also transferred to Tushar Parab’s bank account, leading to his arrest.
Arguments Presented:
Advocate Madhuri Gamare represented Tushar Parab, while Additional Public Prosecutor (APP) Pankaj Chavan represented the State, and an advocate represented the original complainant (intervenor).
Court’s Reasoning and Decision:
Judge Pawar noted that Rutuza Parab was the principal accused, playing the lead role in the alleged offenses. However, he also acknowledged that a significant amount of the misappropriated money was transferred to Tushar Parab’s bank account.
The court considered the consent terms (Exh. 4) entered into between the complainant and Tushar Parab. These terms indicated that Parab had given his no-objection to the complainant receiving and disposing of a sound system purchased with the misappropriated funds. In return, the complainant had given her no-objection to Parab’s bail.
The court observed that the investigation was complete, the charge sheet was submitted, and the consent terms eliminated the risk of witness tampering or threats to the complainant. The court also considered the risk of Parab fleeing to be remote.
Bail Conditions:
Tushar Parab was granted bail upon executing a personal bond of Rs. 50,000 and furnishing one or two sureties of the same amount. The following conditions were imposed:
- Parab must not directly or indirectly influence or threaten any person acquainted with the case.
- He must not tamper with prosecution evidence.
- He must not commit similar offenses while on bail.
- He must not contact the complainant personally or through anyone until the trial concludes.
- He must submit documents regarding his permanent address and contact details to the police station and the court within seven days of his release and notify any changes.
- He must attend the trial regularly.
- Breach of any condition will result in the cancellation of his bail.
- Bail to be furnished before the trial court.
Order Details:
The order was dictated and transcribed on April 8, 2024, and checked and signed on April 10, 2024. The certified copy was uploaded on April 10, 2024, at 1:23 p.m.
This decision reflects the court’s consideration of the consent terms, the completion of the investigation, and the imposition of conditions to ensure Parab’s compliance with the legal process.