Mumbai, Maharashtra – April 19, 2024 – Kadar Ahmed Parmar, a 46-year-old resident of Kurla, Mumbai, has been granted bail by the Sessions Court for Greater Bombay in connection with a credit card and loan fraud case registered at the DCB CID Unit-3 (corresponding to Agripada Police Station).

Background of the Case:

Parmar was arrested and charged under sections 419 (cheating by personation), 420 (cheating), 465 (forgery), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), 471 (using as genuine¹ a forged document), and 120(b) (criminal conspiracy) of the Indian Penal Code (IPC)² in connection with C.R. No. 62/2023 (corresponding to C.R. No. 515/2023).

The prosecution alleged that the accused induced informants and witnesses to obtain credit cards or home loans and then misused their valuable documents through forgery. They claimed that Parmar and his accomplices fabricated government documents, produced them before banks to obtain loans, obtained mobile SIM cards in the customers’ names, and withdrew money using the customers’ credit cards. They also alleged that approximately 300 credit cards were obtained through these fraudulent means, and the total fraud amounted to Rs. 87,91,000/-.

Arguments Presented:

Parmar, through his advocate Asmita Bhoir, argued that he was innocent and falsely implicated in the case. He stated that he had undergone custodial interrogation, had no prior criminal record, and the charge sheet had been filed, indicating the completion of the investigation. He also stated he was a permanent resident of his given address.

The prosecution, represented by Additional Public Prosecutor (APP) Iqbal Solkar, opposed the bail application, arguing that Parmar’s release would affect the collection of evidence, he might flee from justice, and there was a possibility of witness tampering and tampering of prosecution evidence.

Court’s Decision and Rationale:

Additional Sessions Judge Rajesh A. Sasne granted bail to Parmar. The court noted that forged documents, including a forged Aadhaar card and PAN card, were found in Parmar’s possession. However, the court also observed that the investigation related to Parmar appeared to be completed, as the charge sheet had been filed, and he had been in custody since September 22, 2023.

The court acknowledged the serious nature of the offenses and the large-scale fraud involved. However, considering Parmar’s limited role and the completion of the investigation, the court concluded that imposing conditions to secure his presence would entitle him to bail.

Bail Conditions Imposed:

The court granted bail to Kadar Ahmed Parmar on the following conditions:

• Personal Bond and Surety: He must furnish a personal bond and surety bond of Rs. 25,000 with one or two sureties.
• No Tampering with Witnesses and Evidence: He must not tamper with prosecution witnesses and evidence.
• Police Station Attendance: He must attend the concerned police station on the 1st and 4th Saturday of every month between 11:00 AM and 2:00 PM for the next three months.
• Provisional Cash Bail: Provisional cash bail of the like amount is allowed. He must furnish surety within four weeks from the date of release, failing which the cash bail will be forfeited.
• No Leaving India: He must not leave India without prior permission from the court.
• Bail Execution: The bail must be furnished before the concerned magistrate.

Significance of the Decision:

This decision highlights the court’s consideration of the completion of the investigation and the accused’s specific role in the alleged offenses when determining bail applications. The court’s decision to grant bail, despite the serious nature of the charges, reflects its assessment that further detention was unnecessary, given the progress of the case and the imposition of conditions to ensure Parmar’s presence during the trial. The court also took into consideration the length of time that the accused had already been detained.