Mumbai, Maharashtra – January 5, 2024 – Akhtar Shahadat Shaikh, convicted in a forgery and cheating case, has been granted bail by the Special Court for CBI at Greater Bombay pending the outcome of his appeal. Special Judge S.P. Naik-Nimbalkar (C.R. No. 51) granted the bail in Bail Application No. 40/2024, filed in Criminal Appeal No. 9/2024.
Shaikh was convicted by the Additional Chief Metropolitan Magistrate, 3rd Court, Esplanade, Mumbai, in C.C. No. 757/PW/2009, under Sections 120B (criminal conspiracy), 420 (cheating), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), and 471 (using as genuine a forged document)1 of the Indian Penal Code2 (IPC). He was sentenced to two years of simple imprisonment under each section, along with a fine.
Arguments and Court’s Reasoning:
Shaikh’s counsel, Adv. S.R. Wani, argued that his client was on bail throughout the trial and was wrongly convicted. He emphasized that Shaikh has no criminal antecedents and deep roots in society, eliminating the risk of him absconding. He also pointed out that the trial court had initially suspended the sentence for 30 days and that Shaikh had deposited the fine and cash security.
The Central Bureau of Investigation (CBI), represented by Special Public Prosecutor (SPP) Gaikwad, opposed the bail, arguing that Shaikh was involved in a serious economic offense and that releasing him would send a wrong message to society and pose a risk of him absconding.
The court noted that Shaikh had filed a criminal appeal against his conviction and that he had been on bail during the trial. The court also considered the nature of the offenses and the imposed punishment.
“It is to be noted here that, the appellant has challenged the Judgment and order of conviction by filing Criminal Appeal. The appellant was on bail during the trial. If the appellant is not released on bail, then the very purpose of the first appeal would be frustrated. Having regard to the nature of the offence and punishment provided for the same, I am of the considered view that this is a fit case to enlarge the applicant/appellant on bail,” Judge Naik-Nimbalkar stated.
Bail Conditions:
Judge Naik-Nimbalkar granted bail to Akhtar Shahadat Shaikh on the following conditions:
- Execution of a personal bond of ₹15,000 and one surety of the same amount.
- Regular attendance at appeal hearings and cooperation for early disposal.
- Permission to deposit ₹15,000 as cash security in lieu of a surety bond.
The certified copy of the judgment was issued on January 5, 2024. This decision highlights the court’s consideration of the appellant’s prior bail status, the pendency of the appeal, and the need to prevent the appeal process from being rendered meaningless.