Mumbai, March 30, 2024 – Harish Sanjiva Shetty has been granted bail by the Sessions Court for Greater Bombay in a forgery and cheating case. Additional Sessions Judge Rajesh A. Sasne (Court Room No. 30) issued the order on March 26, 2024.
Shetty was arrested in connection with C.R. No. 68/2023, registered at the DCB CID Unit XII (corresponding to C.R. No. 787/2023 at Dindoshi Police Station), for offenses under Sections 420 (cheating), 465 (forgery), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document), and1 34 (acts done by several persons in furtherance of common intention) of2 the Indian Penal Code (IPC).
Background and Allegations:
The prosecution alleged that Shetty and co-accused cheated the complainant by presenting forged release orders from the Reserve Bank of India (RBI) and forged test reports from the Bhabha Atomic Research Centre (BARC). They also allegedly created forged documents from the Defence Research and Development Organisation (DRDO) and obtained money from witnesses based on these forged documents. The prosecution claimed Shetty was the main accused, possessing fabricated RBI release orders and BARC test reports.
Arguments Presented:
Advocate Sunil Pandey, representing Shetty, argued that he was falsely implicated and that co-accused had already been granted bail, requesting parity. He stated that no role was specifically attributed to Shetty, nothing was to be recovered from him, and the investigation was almost complete. He emphasized that Shetty was a permanent resident.
Additional Public Prosecutor (APP) Iqbal Solkar, representing the State, opposed the bail, arguing that releasing Shetty would affect evidence collection, the investigation was incomplete, and there was a possibility of witness tampering and repetition of the crime. He also raised concerns about Shetty fleeing justice.
Court’s Reasoning and Decision:
Judge Sasne reviewed the application, reply, and documents on record. He acknowledged the prosecution’s allegations that Shetty created forged documents, possessed a forged release order, and accepted money through cheating.
However, the court noted that the investigation was complete, the charge sheet was filed, and the trial would take time. Shetty had been in custody since November 21, 2023, and the court found that further incarceration was unwarranted.
Bail Conditions:
Shetty was granted bail upon furnishing a personal bond and surety bond of Rs. 30,000 each, with one or two sureties. The following conditions were imposed:
- Shetty must not tamper with prosecution witnesses or evidence.
- He must attend every court hearing unless specifically exempted.
- He must not leave India without prior permission from the trial court.
- Bail to be furnished before the trial court.
Order Details:
The order was dictated on March 26, 2024, transcribed on March 28, 2024, and signed on March 30, 2024. The certified copy was uploaded on March 30, 2024, at 5:00 p.m.
This decision reflects the court’s consideration of the completed investigation, the filing of the charge sheet, and the imposition of conditions to ensure Shetty’s compliance with the legal process.