Mumbai, Maharashtra – July 11, 2022 – The Sessions Court for Greater Bombay has granted bail to Kausar Hussain Yahya Bhojani, accused of forgery and fraud in a property dispute. Additional Sessions Judge Anand Pandurang Kanade (C.R. 60) allowed Criminal Bail Application No. 1084 of 2022, related to C.R. No. 68 of 2017 registered with the Economic Offences Wing (E.O.W.).

Kausar Hussain Yahya Bhojani was arrested and charged under Sections 417 (cheating), 420 (cheating and dishonestly inducing delivery of property), 423 (dishonest or fraudulent execution of deed of transfer containing¹ statement of consideration), 427 (mischief causing damage to the amount of fifty rupees), 447 (criminal trespass), 448 (house-trespass), 465 (forgery), 466 (forgery of record of court or public register, etc.), 467 (forgery of valuable security, will, etc.), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document² or electronic record), 474 (having possession of document³ or electronic record knowing it to be forged and intending to use it as genuine), 34 (acts done by several persons in furtherance of common intention), and 120-B (criminal conspiracy) of the Indian Penal Code (IPC).⁴

Case Background:

The complainant, Francis Manuel Coleho, alleged that he purchased a property in Kalina, Mumbai, in 1985 through his proprietary firm, M/s. JF Construction. He claimed that he had initiated construction on the property but had to stop due to health reasons in 1991. In 2014, when he attempted to register a conveyance deed with Kunal Chotalia, he discovered that a conveyance deed for the same property was already registered in Bhojani’s name.

Coleho alleged that Bhojani had fabricated documents, including a power of attorney and a sale agreement dated January 14, 1989, to execute a conveyance deed in his favor on July 15, 2014. Coleho denied ever meeting Bhojani or executing any documents in his favor. He claimed that Bhojani’s actions had caused him a loss of ₹10,00,00,000.

Arguments and Court’s Reasoning:

Bhojani’s counsel, Adv. Taraq Sayed, argued that his client was falsely implicated and was the rightful owner of the property, having purchased it in 1989. He highlighted that a civil suit regarding the property was pending in the Bombay High Court and that the dispute was primarily civil in nature. He also noted that Bhojani had cooperated with the investigation and was in custody for over two months.

The prosecution, represented by Ld. Addl. P.P. Seema Deshpande, argued that the offenses were serious, involving forged documents, and that Bhojani posed a risk of absconding or tampering with evidence.

The court, after reviewing the case papers, noted that the charge sheet had been filed and that Bhojani was in judicial custody since April 4, 2022. “After going through the papers on record, it is crystal clear that I.O. has collected material documents during his investigation. Charge­sheet is submitted against the applicant/accused. No justified ground is made out for the further detention of the applicant/accused,” Judge Kanade stated.

The court also considered the pending civil suit and the fact that the investigation had collected substantial documentary evidence. “It also reveals that one civil suit is pending before the Hon’ble High Court between the complainant and the applicant/accused. It also reveals that since 04.04.2022 applicant/accused is in judicial custody,” Judge Kanade noted.

Bail Conditions:

Judge Kanade granted bail to Kausar Hussain Yahya Bhojani on the following conditions:

• Execution of a personal bond of ₹1,00,000 and one or two solvent sureties of the same amount.
• Permission for provisional cash security of ₹1,00,000 for one month in lieu of the surety bond.
• Prohibition from leaving the territorial limits of Mumbai and India without prior permission of the court.
• Submission of a list of at least three blood relatives with their detailed residential addresses and places of work, along with documentary proof.
• Notification of any change in residential address to the police and the trial court.
• Submission of copies of at least two identity documents, such as PAN card, Aadhaar card, ration card, electricity bill, voter ID card, or property documents.
• Physical verification of the submitted documents by the Investigating Officer.
• Prohibition from inducing, threatening, or tampering with evidence.
• Prohibition from committing similar offenses while on bail.
• Compliance with conditions 5 to 8 simultaneously with the furnishing of cash security or surety bond.
• Bail before the Court of Metropolitan Magistrate.

The certified copy of the judgment was issued on July 11, 2022. This decision highlights the court’s consideration of the filing of the charge sheet, the pending civil suit, and the accused’s period of custody when granting bail.