Mumbai, August 4, 2023 – Irfan Amin Shaikh has been granted bail by the Sessions Court for Greater Bombay in a fraud case. Additional Sessions Judge V.M. Sundale (Court Room No. 27) issued the order on August 1, 2023.

Shaikh was arrested in connection with C.R. No. 333/2022, registered at the B.K.C. Police Station (originally Vakola Police Station), for offenses under Sections 406 (criminal breach of trust), 408 (criminal breach of trust by clerk or servant), 420 (cheating), and 120B (criminal conspiracy) of the Indian Penal Code (IPC).

Background and Allegations:

The complainant alleged that Shaikh and co-accused changed the bank account number for the maturity payout of his policy, transferring Rs. 22,68,476 to a co-accused’s account and misappropriating the funds.

Arguments Presented:

Advocate S.A. Vasid, representing Shaikh, filed the bail application under Section 439 of the Criminal Procedure Code (CrPC).

Additional Public Prosecutor (APP) S.V. Keknis, representing the State, opposed the bail, stating that co-accused Farid Shaikh was still at large and that Shaikh’s presence was necessary for the ongoing investigation. They also raised concerns about witness tampering, evidence tampering, flight risk, and aiding the absconding co-accused.

Court’s Reasoning and Decision:

Judge Sundale reviewed the record and submissions from both sides. He noted that Shaikh was arrested on June 23, 2023, and remanded to police custody until June 26, 2023. During this time, the investigating officer (IO) recovered Rs. 1,00,000 from Shaikh.

The court observed that the investigation was almost complete. The primary ground for opposing bail was the absconding co-accused, Farid Shaikh. However, the court emphasized that Shaikh could not be detained indefinitely for the purpose of arresting another individual.

The court also noted that Shaikh’s presence was not required for any further recovery or discovery. The offenses were triable by a Magistrate Court and did not carry a sentence of death or life imprisonment. There were no extraordinary circumstances justifying Shaikh’s continued detention. The court also noted the lack of any evidence of Shaikh’s past criminal history.

The court concluded that the IO’s apprehensions could be addressed by imposing stringent bail conditions.

Bail Conditions:

Shaikh was granted bail upon executing a personal bond of Rs. 30,000 with one or two sureties of the same amount. The following conditions were imposed:

• Shaikh and his sureties must provide their mobile numbers, email addresses, and residential address documents.
• Shaikh must attend the B.K.C. Police Station once a week (every Monday between 11:00 a.m. and 1:00 p.m.) until the charge sheet is filed.
• Shaikh must not directly or indirectly influence, threaten, or pressurize any person acquainted with the case.
• Shaikh must not leave India without prior permission from the court.
• Provisional cash bail of Rs. 30,000 was allowed, with the requirement to furnish surety within four weeks of release, failing which the cash bail would be forfeited.
• Bail to be furnished before the Metropolitan Magistrate Court.
• Breach of any condition would result in the cancellation of bail.

Order Details:

The order was dictated on August 1, 2023, transcribed on August 3, 2023, and signed on August 4, 2023. The certified copy was uploaded on August 4, 2023, at 12:45 p.m.

This decision reflects the court’s consideration of the near-completion of the investigation, the triable nature of the offenses, the lack of compelling reasons for continued detention, and the imposition of conditions to ensure Shaikh’s compliance with the legal process.