Mumbai, April 23, 2024 – Rizwan Mannu Shaikh, a 32-year-old service professional, has been granted bail by the Sessions Court for Greater Mumbai in a passport forgery case. Additional Sessions Judge A.A. Kulkarni (Court Room No. 22) issued the order on April 22, 2024.

Shaikh was arrested in connection with C.R. No. 150/2024, registered at the Tilak Nagar Police Station, for offenses under Sections 420 (cheating), 465 (forgery), 466 (forgery of record of court or public register), 468 (forgery for purpose of cheating), and 471 (using as genuine a forged document or electronic record) of the Indian Penal Code¹ (IPC).

Background and Allegations:

The complainant, a police officer working in the passport branch, reported that Shaikh submitted a birth certificate allegedly issued by the District Women’s Hospital, Devriya, Uttar Pradesh, while applying for a passport. When the QR code on the certificate failed to open in the official link, it was verified with the issuing hospital. The hospital confirmed in writing that the certificate was not issued by them.

Arguments Presented:

• Applicant’s Argument:
  • Shaikh was falsely implicated.
  • He has not committed any offense.
  • He has been in police custody since April 4, 2024.
  • He is rooted in society and will cooperate with the police.
  • He is ready to abide by the court’s conditions.
• Prosecution’s Argument:
  • Shaikh submitted a forged certificate to obtain a passport.
  • If released, he may tamper with evidence.

Court’s Reasoning and Decision:

Judge Kulkarni considered the submissions and the FIR. He noted that the case was based on a document (the birth certificate) and the verification report from the issuing hospital.

The court observed that:

• The alleged offense is based on documentary evidence, which is in police custody.
• Custodial interrogation of Shaikh was not required for further investigation.
• That securing the presence of the accused for further investigation, can be achieved by directing the accused to be present before the investigating officer.

Therefore, the court concluded that Shaikh was entitled to bail.

Bail Conditions:

Shaikh was granted bail upon furnishing a personal bond of Rs. 25,000 with one or more sureties of the same amount. The following conditions were imposed:

• Shaikh must attend the Tilak Nagar Police Station as and when required by the Investigating Officer on notice.
• He must furnish his residential address proof and contact numbers to the Investigating Officer.
• He must not directly or indirectly influence, threaten, or promise any person acquainted with the facts of the case.
• He must not leave India without prior court permission.
• Bail to be furnished before the learned court below.

Order Details:

The order was dictated and pronounced on April 22, 2024, and signed on April 23, 2024. The certified copy was uploaded on April 23, 2024, at 11:00 a.m.

This decision reflects the court’s consideration of the documentary nature of the evidence, the completion of the initial verification, and the imposition of conditions to ensure Shaikh’s cooperation and prevent potential interference with the legal process.