Mumbai, March 1, 2024 – Bhavesh Vishwanath Shirsat, accused in a large-scale credit card and loan fraud case, has been granted bail by the Sessions Court for Greater Mumbai. Additional Sessions Judge Rajesh A. Sasne allowed Shirsat’s bail application (Criminal Bail Application No. 386 of 2024), citing the completion of the investigation and the limited role attributed to the accused.
Shirsat was arrested on October 1, 2023, in connection with C.R. No. 62/2023, registered at DCB CID Unit-3, Mumbai (corresponding to C.R. No. 515/2023, Agripada Police Station), for offenses punishable under sections 419 (cheating by personation), 420 (cheating and dishonestly inducing delivery of property), 465 (forgery), 467 (forgery1 of valuable security, will, etc.), 468 (forgery for purpose of cheating), 471 (using as genuine2 a forged document or electronic record), and 120(b) (criminal conspiracy) of the Indian Penal Code3 (IPC).
Prosecution’s Case:
The prosecution alleged that Shirsat and other accused induced individuals to obtain credit cards and home loans, then misused their valuable documents through forgery. They fabricated government documents, obtained mobile SIM cards in the victims’ names, and used these to communicate with banks. They also withdrew funds using the victims’ credit cards. The fraud allegedly involved approximately 300 credit cards and defrauded about 20 people of ₹87,91,000.
The complainant, Santosh Jadhav, was allegedly duped of ₹4,49,986. Shirsat’s specific role was identified as possessing 41 forged electricity bills created for the fraud.
Defense Arguments:
Shirsat’s advocates, Harshad Sathe and Shubham Gangan, argued that their client was falsely implicated. They stated that Shirsat had been in custody since October 1, 2023, had cooperated with the investigation, had no prior criminal record, and that the charge sheet had been filed, indicating the completion of the investigation. They also emphasized that Shirsat was a permanent resident of Pune.
Prosecution’s Objections:
The prosecution, represented by Additional Public Prosecutor (APP) Iqbal Solkar, opposed the bail, arguing that releasing Shirsat could affect the collection of evidence, pose a flight risk, and lead to witness tampering.
Court’s Decision:
Judge Sasne, after reviewing the documents and hearing the arguments, noted that the investigation related to Shirsat appeared to be complete, as the charge sheet had been filed. He acknowledged the seriousness of the forgery and cheating allegations, but also considered Shirsat’s limited role and the fact that he had been in custody for approximately five months.
The court concluded that, given Shirsat’s limited role and the completion of the investigation, his presence could be secured by imposing certain conditions.
Conditions of Bail:
Judge Sasne granted Shirsat bail on the following conditions:
- He must furnish a personal bond (P.B.) and a surety bond (S.B.) of ₹25,000 with one or two sureties.
- He must not tamper with prosecution witnesses or evidence.
- He must attend the concerned police station on the 1st and 4th Saturday of every month between 11:00 AM and 2:00 PM for the next three months.
- Provisional cash bail of the same amount was allowed, with the accused required to furnish surety within four weeks, failing which the cash bail would be forfeited.
- He must not leave India without prior court permission.
- Bail must be executed before the concerned Magistrate.
Significance of the Order:
This order highlights the court’s consideration of the completion of the investigation and the specific role attributed to the accused when granting bail. Even in cases involving large-scale financial fraud, the court may grant bail if the accused’s role is limited and the investigation is complete, provided that appropriate conditions are imposed to ensure their presence and prevent tampering with evidence.