Mumbai, March 11, 2024 – Rahul @ Rahul Kumar Mansukhlal Waghela has been granted bail by the Additional Sessions Judge, Greater Mumbai, in a case involving cheating and forgery amounting to over Rs. 56 lakhs. Judge Dr. A.A. Joglekar (Court Room No. 37) issued the order on March 7, 2024.

Waghela was arrested in connection with C.R. No. 674/2022, registered at the RAK Marg Police Station, for offenses under Sections 406 (criminal breach of trust), 420 (cheating and dishonestly inducing delivery of property), 465 (forgery), 467 (forgery of valuable security, will, etc.), 468 (forgery for purpose of cheating), 471 (using as genuine¹ a forged document or electronic record), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).²

Background and Allegations:

The complainant, proprietor of “We Care Medicines,” alleged that Shriji International and Laxmi Enterprises placed orders for medicinal raw materials worth over Rs. 56 lakhs. The complainant supplied the materials but received dishonored cheques from Shriji International’s proprietor, Sanjay Suren, and was unable to contact either Suren or Arush Agrawal, the proprietor of Laxmi Enterprises. The complainant further alleged that Agrawal had prepared forged documents with Waghela’s assistance to defraud him.

Arguments Presented:

Advocate M.A. Khan, representing Waghela, argued that his client was falsely implicated and that nothing was recovered from him during his custody. He asserted that Waghela had not placed any orders, used his email ID for such purposes, or had any connection with the proprietary firms involved. He emphasized that the case was primarily about dishonored cheques and that no specific role was assigned to Waghela in the alleged forgery.

Additional Public Prosecutor (APP) Abhijeet Gondwal opposed the bail, claiming that Waghela was the “main artist” in the forgery and that two other accused were still at large. The prosecution expressed concerns about witness intimidation and absconding.

Court’s Reasoning and Decision:

Judge Joglekar noted that the charge sheet had been filed and that the prosecution had failed to establish a clear connection between Waghela and the co-accused. He observed that while the prosecution alleged Waghela’s involvement in forgery and cheating, the charge sheet lacked specific details of his role.

The court highlighted that Waghela was not a recipient of the defrauded amount, had not placed the orders, and that the forgery allegations were speculative. The court also criticized the prosecution’s “casual reply” and found that the prosecution’s apprehensions could be addressed by imposing stringent conditions.

Bail Conditions:

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

• Waghela and his sureties must provide their residential addresses, mobile numbers, and email addresses, and notify any changes.
• Waghela must not influence or threaten any witnesses.
• He must not tamper with prosecution evidence.
• He must attend the RAK Marg Police Station every Tuesday and Friday between 11:00 a.m. and 4:00 p.m. until further order.
• He must surrender his passport or provide an affidavit stating he doesn’t have one.
• He must not leave India without the court’s permission.
• Breach of any condition will result in the immediate cancellation of his bail.

Order Details:

The order was dictated on March 7, 2024, transcribed on the same day, and signed on March 11, 2024. The certified copy was uploaded on March 11, 2024, at 5:11 p.m.

This decision reflects the court’s assessment of the prosecution’s evidence, the lack of a clearly defined role for Waghela, and the imposition of conditions to ensure his compliance with the legal process.