Mumbai, April 2, 2024 – Rajesh @ Nilesh Mithailal Vishvakarma, a 41-year-old resident of Vakola, Mumbai, has been granted bail by the Sessions Court for Greater Bombay in a MHADA (Maharashtra Housing and Area Development Authority) fraud case. Additional Sessions Judge M.G. Deshpande (Court Room No. 16) issued the order on April 1, 2024.
Vishvakarma was arrested in connection with C.R. No. 173/2023, registered at the Kurla Police Station, for offenses under Sections 120B (criminal conspiracy), 420 (cheating), 465 (forgery), 466 (forgery of record of court or public register), 467 (forgery of valuable security, will, etc.), 468 (forgery for purpose1 of cheating), 471 (using as genuine a forged document or electronic record),2 472 (making or possessing counterfeit seal, etc., with intent to commit forgery), 473 (making or possessing counterfeit seal, etc., with intent to commit forgery),3 and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC).
Background and Allegations:
The complainant, Nasir Zahoor Ahmad Shaikh, alleged that he and his family were defrauded of Rs. 45,00,000 by a group of individuals who posed as MHADA officials and promised to arrange flats for him. The complainant was shown various documents and paid money in installments. Later, his second wife, Nasreen, was also allegedly defrauded in a similar manner, with a fake MHADA allotment letter being provided.
Arguments Presented:
Advocate Karan Mehta, representing Vishvakarma, argued that his client had a limited role in the alleged fraud.
Additional Public Prosecutor (APP) J.N. Suryawanshi, representing the State, opposed the bail, arguing that the cheated amount was yet to be recovered, Vishvakarma was involved in preparing bogus documents, he could tamper with evidence and witnesses, and he might abscond and repeat the crime.
Court’s Reasoning and Decision:
Judge Deshpande reviewed the FIR and submissions. He noted that while the complainant had numerous meetings with other accused, Vishvakarma’s presence was first mentioned in a meeting at Hotel Hitchki in December 2021, where he accompanied Sandip Patil, who allegedly posed as a MHADA officer.
The court observed that even if the allegations were taken as true, Vishvakarma’s mere presence did not attribute an active role in the alleged scam. The complainant paid money to Sandip Patil, not Vishvakarma.
The court also considered that Vishvakarma was arrested on January 20, 2024, and had been thoroughly investigated. The court noted that the grounds for opposing bail, such as document recovery, did not directly implicate Vishvakarma.
Furthermore, the court took note of the bail granted to co-accused Vishnudev Ramsundar Mishar @ Vishnu Tripathi and the anticipatory bail granted to Vasim Raja by the High Court.
The court concluded that the investigation concerning Vishvakarma appeared to be complete, and his continued detention was not justified.
Bail Conditions:
Vishvakarma 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:
- Vishvakarma must not tamper with prosecution evidence.
- He must not directly or indirectly influence, threaten, or promise any person acquainted with the facts of the case.
- He must furnish his contact number and residential address to the Investigating Officer and keep him updated.
- He must regularly attend the proceedings before the Trial Court.
- He was permitted to furnish provisional cash security of Rs. 30,000 for two months.
- Bail to be furnished before the Trial Court.
Order Details:
The order was signed on April 1, 2024, and uploaded on April 2, 2024.
This decision reflects the court’s consideration of Vishvakarma’s limited role in the alleged fraud, the completion of the investigation, the prior bails granted to co-accused, and the imposition of conditions to ensure his cooperation and prevent potential interference with the legal process.