Mumbai, Maharashtra – June 10, 2022 – Ramesh @ Ramya Vijaykumar Jaiswal has been granted bail in a cheating case registered at Mahim Police Station (Crime No. 80 of 2022). The Additional Sessions Judge, Vishal S. Gaike, of the Sessions Court for Greater Mumbai, approved Jaiswal’s bail application (Criminal Bail Application No. 1080 of 2022) citing the lack of a test identification parade and the inadmissibility of a confessional statement made in police custody.
Background of the Case:
Jaiswal was arrested and charged under Section 420 (cheating and dishonestly inducing delivery of property) read with 34 (acts done by several persons in furtherance of common intention) of1 the Indian Penal Code (IPC).
Allegations and Arrest:
According to the prosecution, on March 11, 2022, the complainant, Claudio Joseph Silvera, was walking towards Colaba when two unknown persons approached him. One of them, Subhash Seth, allegedly instigated Silvera to hand over his gold chain worth Rs. 1,50,000 and Rs. 500 in cash. The accused then allegedly cheated him and fled. Jaiswal was arrested in another case (Crime No. 42 of 2022 at Agripada Police Station) and allegedly confessed to committing the present crime during police custody. He was subsequently taken into custody in this case based on a production warrant. The complainant identified Jaiswal from CCTV footage screenshots.
Defense Arguments:
Mr. P.R. Patond, representing Jaiswal, argued that his client was innocent and falsely implicated. He pointed out that no test identification parade was conducted to ascertain Jaiswal’s identity. He also noted that the charge sheet had been filed and that further detention was unnecessary.
Prosecution’s Counter-Arguments:
Mr. J.N. Suryawanshi, the Additional Public Prosecutor (APP), argued that the investigation was in progress and that Jaiswal was a habitual offender. He contended that Jaiswal might commit similar offenses, threaten witnesses, and abscond if granted bail.
Court’s Observations and Decision:
Judge Gaike noted that Jaiswal’s alleged confessional statement made in police custody was inadmissible as evidence. He also observed that no test identification parade was conducted to ascertain Jaiswal’s identity. While the prosecution claimed Jaiswal had criminal antecedents, they admitted he had not been convicted in any previous offenses. The court also considered that the trial was likely to take time and that Jaiswal was presumed innocent until proven guilty.
“Applicant’s alleged confessional statement recorded in police custody, is not admissible in evidence. No test identification parade was conducted by the Investigating Officer to ascertain the identity of the accused. Criminal antecedents of the applicant are alleged, but admittedly, he has not been convicted in any previous offences. The trial against the applicant may take time to commence and conclude and the presumption of innocence is available to him till the conclusion of his trial,” Judge Gaike stated in his order.
The court concluded that there was no possibility that Jaiswal would flee from justice and that he was entitled to be released on bail.
Bail Conditions:
The court granted bail to Jaiswal, subject to the following conditions:
- He must execute a Personal Recognizance (PR) bond of Rs. 15,000 with one surety of the same amount.
- He must not tamper with prosecution witnesses and evidence.
- He must furnish his detailed address, mobile/contact number, address proof, and identity proof at the time of furnishing bail.
- He must inform the court and the Investigating Officer of any change in his residence or mobile/contact number.
- He must attend court regularly.
- He must not leave the jurisdiction of the court without permission.
- Bail must be furnished before the concerned Metropolitan Magistrate.
Significance of the Ruling:
This ruling highlights the court’s emphasis on the importance of proper identification procedures and the inadmissibility of confessional statements made in police custody when deciding bail applications. The court’s decision underscores that the absence of a test identification parade and the inadmissibility of a confessional statement can be significant factors in granting bail.
Key Factors in the Bail Grant:
- Lack of a test identification parade.
- Inadmissibility of the confessional statement made in police custody.
- Lack of convictions in previous offenses.
- Filing of the charge sheet.
- Conditions to ensure Jaiswal’s presence and prevent witness intimidation.
Future Proceedings:
The trial will proceed in the Magistrate’s court. The prosecution will be required to prove the charges against Jaiswal beyond a reasonable doubt. The court will monitor Jaiswal’s compliance with the bail conditions.