Mumbai, April 4, 2024: Shahid Mohammed Hussain Shaikh, a 40-year-old Mumbai resident, has been granted bail by the Sessions Court for Greater Bombay in connection with a case of alleged job fraud. Shaikh was arrested in January 2024 for his alleged involvement in a scheme that defrauded individuals by promising them employment opportunities in Singapore.
The order, issued by Additional Sessions Judge Rajesh A. Sasne, pertains to Criminal Bail Application No. 862 of 2024, filed under Section 439 of the Criminal Procedure Code. Shaikh was implicated in C.R. No. 01/2024, registered with DCB CID Unit-VIII, Mumbai (corresponding to C.R. No. 19/2024 at Azad Maidan Police Station), for offences under Sections 406 (criminal breach of trust), 420 (cheating), 465 (forgery), 467 (forgery of valuable security), 468 (forgery for purpose of cheating),1 471 (using as genuine a forged document),2 120(B) (criminal conspiracy), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code.
The3 Allegations:
According to the prosecution, represented by Additional Public Prosecutor Iqbal Solkar, the complainant, Akhtar Sirajuddin Khan, was seeking employment in Singapore. Shaikh and his associates allegedly lured Khan with promises of overseas jobs, collected money from him, and subsequently shut down their agency, leaving Khan and numerous others defrauded.
Defense Arguments and Court’s Observations:
Advocate Bimala P. Chounal, representing Shaikh, argued that her client was innocent and falsely implicated in the case. She emphasized that Shaikh had been in custody since January 7, 2024, had undergone custodial interrogation, and was the sole breadwinner of his family. She further stated that the investigation was complete, the charge sheet had been filed, and Shaikh had no prior criminal record.
Judge Sasne, after reviewing the case documents and hearing both sides, noted that the investigation was completed and the charge sheet was filed. He also pointed out that two co-accused, Imran Shaikh and Mohammed Najim Mohammed Shabbir Manihar, had already been granted bail. The judge observed that Shaikh’s alleged role involved inducing the complainant with false promises of overseas employment and collecting money, specifically Rs. 80,000 from the complainant.
The court, considering the completion of the investigation, the filing of the charge sheet, and the bail granted to co-accused, found merit in Shaikh’s plea for bail on the grounds of parity. Judge Sasne concluded that further incarceration was unwarranted and that reasonable conditions could secure Shaikh’s presence during the trial.
Conditions of Bail:
Granting bail, the court imposed the following conditions:
- Shaikh was ordered to furnish a Personal Bond (P.B.) and Surety Bond (S.B.) of Rs. 25,000 with one or two sureties.
- He is prohibited from tampering with prosecution witnesses and evidence.
- He must regularly attend court hearings unless exempted by the Metropolitan Magistrate, Mumbai.
- Provisional cash bail of the same amount was allowed, with a requirement to furnish sureties within four weeks of release, failing which the cash bail would be forfeited.
- He is barred from leaving India without prior permission from the court.
- Bail proceedings are to be completed before the concerned Magistrate.
Implications and Future Proceedings:
The granting of bail to Shaikh marks a significant development in the case. While he has been released, the trial will proceed, and the prosecution will have the opportunity to present its evidence. The court’s decision highlights the importance of parity in bail decisions and the consideration of completed investigations when granting bail. This case serves as a reminder of the prevalence of job fraud schemes and the need for vigilance when seeking overseas employment.