Mumbai, April 25, 2024 – Dushyant Ashok Soni has been granted bail by the Sessions Court for Greater Mumbai in a forgery and cheating case. Additional Sessions Judge A.S. Salgar (Court Room No. 24) issued the order on April 16, 2024.
Soni was arrested in connection with C.R. No. 30/2024, registered at the Trombay Police Station, for offenses under Sections 420 (cheating), 465 (forgery), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), and 471 (using as genuine a forged document) of the Indian Penal Code1 (IPC).
Background and Allegations:
The complainant alleged that Soni forged their signature and documents to illegally acquire their flat, causing a loss of Rs. 1,60,00,000. The alleged incidents occurred between August 20, 2020, and January 25, 2024, but the FIR was lodged on January 25, 2024, despite the complainant becoming aware of the forged documents in September 2023.
Arguments Presented:
Advocate Ashutosh Shukla, representing Soni, argued that the dispute was primarily civil, with a pending civil suit (No. 2642/2023) and a recently disposed eviction application (No. 227/2023). He claimed Soni had purchased the premises via a registered Agreement of Sale in 2013 and had made periodic payments. He argued that the FIR was vague, the arrest was illegal, and the investigation was complete with a filed charge sheet.
Additional Public Prosecutor (APP) Sachin Patil, representing the State, opposed the bail, arguing the offense was serious, the investigation was ongoing, and Soni would tamper with witnesses.
Advocate R.M.H. Jabali, representing the intervener (the complainant), argued that Soni had prepared forged documents, committed fraud, and was attempting to mislead the court.
Court’s Reasoning and Decision:
Judge Salgar reviewed the FIR, the pending civil suit, and the disposed eviction application. He noted the delay in lodging the FIR, despite the complainant’s knowledge of the forged documents since September 2023.
The court emphasized that the dispute appeared to be primarily civil, with a criminal texture added. It cited the availability and adoption of civil remedies as a reason to grant bail.
The court also noted that the investigation was complete, the charge sheet was filed, and the alleged offense was triable by a Metropolitan Magistrate. It argued that denying bail would amount to pre-trial conviction.
Bail Conditions:
Soni was granted bail upon furnishing a personal bond of Rs. 1,00,000 with one or two sureties of the same amount. The following conditions were imposed:
- Soni must attend all court hearings.
- He must not commit similar offenses.
- He and his sureties must provide their residential addresses, mobile numbers, and email addresses to the investigating officer and notify any changes.
- He must not directly or indirectly influence, threaten, or promise any person acquainted with the case.
- He must not leave India without prior permission from the trial court.
- Breach of any condition will result in the cancellation of bail.
- Provisional cash bail of Rs. 1,00,000 was allowed for five weeks to furnish surety.
- Bail to be furnished before the trial court.
Order Details:
The order was dictated on April 16, 2024, transcribed on April 19, 2024, and signed on April 23, 2024. The certified copy was uploaded on April 25, 2024, at 4:30 p.m.
This decision reflects the court’s consideration of the civil nature of the dispute, the delay in lodging the FIR, the completion of the investigation, and the imposition of conditions to ensure Soni’s compliance with the legal process.