Mumbai, India – February 21, 2024 – In a case involving elaborate forgery and cheating, a 64-year-old man, Shaikh Khalil Ansari, has been granted bail by a Mumbai Sessions Court. The court, presided over by Additional Sessions Judge Rajesh A. Sasne in Court Room No. 30, granted bail in Criminal Bail Application No. 342 of 2024, citing the completion of the investigation and the filing of the chargesheet.

Ansari, accused of orchestrating a sophisticated fraud, was arrested on October 31, 2023, in connection with Crime No. 68/2023 registered with DCB CID, Unit XII (corresponding to C.R. No. 787/2023 at Dindoshi Police Station). He faces charges under Sections 420 (cheating), 465 (forgery), 467 (forgery of valuable security, will, etc.), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document¹ or electronic record), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).²

The Alleged Fraud:

The prosecution alleges that Ansari and his accomplices cheated the complainant by presenting forged release orders from the Reserve Bank of India (RBI) and fabricated test reports from the Bhabha Atomic Research Centre (BARC). They further claim that the accused also created forged documents purportedly from the Defence Research and Development Organisation (DRDO). These forged documents were used to extract money from unsuspecting individuals.

According to the prosecution, Ansari was the primary accused, and fabricated RBI release orders and BARC test reports were found in his possession.

Defense Arguments:

Ansari’s defense argued that he was falsely implicated and that no further recoveries were to be made from him. They emphasized that he was a clerk and the sole breadwinner for his family. They also highlighted that the investigation was completed, and the chargesheet had been filed.

Prosecution Objections:

The prosecution opposed the bail, arguing that Ansari’s release would affect the collection of evidence and that he might abscond or tamper with evidence.

Court’s Reasoning and Decision:

Judge Sasne, after reviewing the case records and hearing arguments from both sides, granted bail to Ansari. He noted that the primary evidence against Ansari was the recovery of fabricated documents from his mobile handset. He also emphasized that the investigation was complete, the chargesheet had been filed, and Ansari had been in custody since October 31, 2023.

“The investigation is completed. Chargesheet is already filed. Trial will take its own course and a time to conclude the case on merit. The applicant/accused was arrested on 31/10/2023. For more than three months he is behind bars. If reasonable conditions securing his presence are imposed, he will be entitled for the bail,” Judge Sasne stated in his order.

Bail Conditions:

Ansari was granted bail on the following conditions:

• He must furnish a personal bond and surety bond of Rs. 30,000.
• He shall not tamper with prosecution witnesses or evidence.
• He shall attend every court hearing until the conclusion of the trial, unless specifically exempted.
• He shall not leave India without prior permission of the court.
• Bail before the learned Trial Court.

Implications:

The court’s decision highlights the importance of balancing the rights of the accused with the need to ensure a fair trial. It also underscores the court’s consideration of the completion of the investigation and the filing of the chargesheet as factors in granting bail. The case itself brings to light the sophisticated methods used in financial fraud and the potential for significant financial harm through the use of forged documents from reputable institutions. The case also shows that courts will often grant bail when the investigation has concluded, and the defendant has been incarcerated for a significant amount of time, provided that they are not a flight risk, and that they will not tamper with witnesses.