Mumbai, Maharashtra – May 18, 2022 – David Yohan Bansode, a police constable accused in a fake currency scam, has been granted bail by the Sessions Court for Greater Bombay. Additional Sessions Judge R.M. Sadrani (C.R. No. 37) allowed Bail Application No. 1017 of 2022, related to DCB CID C.R. No. 100 of 2021 (Malwani Police Station C.R. No. 1287 of 2020).
Bansode was arrested and charged under Sections 395 (dacoity), 392 (robbery), 420 (cheating and dishonestly inducing delivery of property), 120(B) (criminal conspiracy), 504 (intentional insult with intent to provoke breach of the peace), 506 (criminal intimidation), read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code1 (IPC).
Case Background:
The complainant, Yagnesh Krushnkumar Pandiya, reported that he was lured into a fake currency purchase deal by co-accused Jaysingh Rathod and Rajan Dave. They offered him ₹1 crore in fake currency for ₹15 lakh in real currency. Pandiya arranged ₹13 lakh and handed it over near Infinity Mall in Malad (W).
Subsequently, during what appeared to be a transaction, two police officers intervened, and some of the accused fled. Pandiya alleged that the police officers and co-accused were part of a coordinated plan to defraud him, and he was cheated out of ₹13 lakh without receiving the promised fake currency.
Arguments and Court’s Reasoning:
Bansode’s counsel, Adv. Shailesh Ahire, argued that co-accused Shahbaj, Abid, and Akram had already been granted bail by the Magistrate on September 25, 2020. He emphasized that the only allegation against Bansode was that he received ₹2,000 as a commission, as stated in the memorandum panchanama. However, this amount was not recovered. He also pointed out that no test identification parade was conducted, and the FIR contained vague references to police involvement.
The prosecution, represented by APP Abhijeet Gondwal, opposed the bail, stating that the investigation was ongoing and ₹2 lakh of the stolen ₹13 lakh was still to be recovered.
The court, after reviewing the records, noted the limited role attributed to Bansode. “Role assigned to the applicant is that he has received commission of Rs.2,000/-. This fact is stated by the co-accused Abid Shah in his memorandum statement. No test identification parade is conducted,” Judge Sadrani stated.
Considering the limited role assigned to Bansode and the fact that other co-accused had already been granted bail, the court decided to allow the application. “Considering the role assigned to the applicant and this is an application for grant of regular bail, I am inclined to allow the application,” Judge Sadrani concluded.
Bail Conditions:
Judge Sadrani granted bail to David Yohan Bansode on the following conditions:
- Execution of a personal bond of ₹30,000 with one or more sureties of the same amount.
- Submission of detailed address and phone number at the time of furnishing bail.
- Bail to be processed before the Court attending remand.
- Attendance at the DCB CID, Mumbai, as and when called by the investigating officer.
- Prohibition from directly or indirectly inducing, threatening, or promising any person acquainted with the facts of the case.
- Prohibition from leaving India without prior permission of the Court.
The certified copy of the judgment was issued on May 18, 2022. This decision highlights the court’s consideration of the limited role of the accused and the principle of parity when granting bail, especially when co-accused have already been released.