Mumbai, Maharashtra – February 23, 2022 – Salim Kallu Khan has been granted bail in a case involving alleged fraud related to MHADA (Maharashtra Housing and Area Development Authority) flats. The Additional Sessions Judge, Deepak L. Bhagwat, of the Sessions Court for Greater Bombay, approved Khan’s bail application (Criminal Bail Application No. 241 of 2022) citing the filing of the chargesheet and the fact that the offenses are triable by a Metropolitan Magistrate.

Background of the Case:

Khan was arrested and charged under Sections 420 (cheating and dishonestly inducing delivery of property), 406 (criminal breach of trust), 465 (forgery), 468 (forgery¹ for purpose of cheating), and 471 (using as genuine a forged document or electronic record) read with 34² (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC). The case (C.R. No. 739/2021) was registered at Pant Nagar Police Station.

Allegations and Arrest:

According to the prosecution, Khan induced the complainant to pay him Rs. 40 lakhs under the pretext of securing two flats for the complainant under the MHADA scheme. He allegedly issued forged MHADA letters showing that the flats had been sanctioned in favor of the complainant.

Defense Arguments:

Mr. Jadhawar, representing Khan, argued that there was no material against his client and requested that the court grant bail.

Prosecution’s Counter-Arguments:

Ms. Seema Deshpande, the Additional Public Prosecutor (APP), opposed the bail application, arguing that the investigation was in progress, the chargesheet had not been filed, and the money was transferred to Khan’s account.

Court’s Observations and Decision:

Judge Bhagwat noted that the amount accepted by co-accused Ramsavare was given to Khan, and the investigation revealed that the amount was further given to co-accused Vinod Dhas and Sanjay Ranjane. The court also noted that the chargesheet had been filed during the pendency of the bail application and that the offenses were triable by a Metropolitan Magistrate. The court concluded that Khan’s police custody period was over and that further detention was unnecessary.

“It is reported that during pendency of the present bail application after arguments the chargesheet has been filed. The offences are triable by the Metropolitan Magistrate. Police custody period of the applicant is already over. No purpose would be served by his further detention in the custody. Considering these circumstances it is appropriate to grant bail subject to certain conditions,” Judge Bhagwat stated in his order.

The court granted bail to Khan subject to certain conditions.

Bail Conditions:

The court granted bail to Khan, subject to the following conditions:

• He must execute a Personal Recognizance (PR) bond of Rs. 50,000 and provide one or more solvent sureties of the same amount.
• He was permitted to furnish a cash security of Rs. 50,000 provisionally for one month in lieu of the surety bond.
• He must submit a list of at least three blood relatives with their detailed residential addresses and addresses of their workplaces, if any, along with documentary proof.
• He and the surety must inform the police and the trial court of any change in their residential addresses while Khan is on bail.
• He must submit copies of at least two documents among his PAN card, Aadhaar card, ration card, electricity bill, voter ID card, or documents related to his immovable properties.
• After submission of the documents, the Investigating Officer must conduct physical verification of the residential addresses.
• He must not make any inducement or threat to any person acquainted with the facts of the case or tamper with the evidence.
• Conditions related to document submission and verification must be complied with simultaneously with the furnishing of the cash security or surety bond.
• Bail must be furnished before the Court of Metropolitan Magistrate.

Significance of the Ruling:

This ruling highlights the court’s consideration of the filing of the chargesheet and the nature of the offenses when deciding bail applications. The court’s decision underscores that in cases where the chargesheet has been filed and the offenses are triable by a Magistrate, bail can be granted with appropriate conditions to ensure the accused’s presence and prevent tampering of evidence.

Key Factors in the Bail Grant:

• Filing of the chargesheet.
• Offenses triable by a Metropolitan Magistrate.
• Completion of the police custody period.
• Conditions to ensure Khan’s presence and prevent tampering of evidence.

Future Proceedings:

The trial will proceed in the Metropolitan Magistrate’s court. The prosecution will be required to prove the charges against Khan and the other accused beyond a reasonable doubt. The court will monitor Khan’s compliance with the bail conditions.