Mumbai, April 10, 2024 – Sultan Mehboob Shaikh has been granted bail by the Sessions Court for Greater Bombay in a case involving cheating and criminal breach of trust. Additional Sessions Judge V.M. Sundale (Court Room No. 27) issued the order on April 8, 2024.
Shaikh was arrested in connection with C.R. No. 43/2024, registered at the Vakola Police Station, for offenses under Sections 420 (cheating), 406 (criminal breach of trust), 504 (intentional insult with intent to provoke breach of the peace),1 506 (criminal intimidation), and 120(B) (criminal conspiracy)2 read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code3 (IPC).
Background and Allegations:
The prosecution alleged that Shaikh and a co-accused, Ashfaq Ali Shaikh, conspired to cheat the complainant by promising to supply mobile handsets at a lower price and misappropriated Rs. 50,00,000 belonging to the complainant.
Arguments Presented:
Advocate Narayan P. Bhavsar, representing Shaikh, argued for bail. Additional Public Prosecutor (APP) Ratnavali Patil, representing the State, opposed the bail.
Court’s Reasoning and Decision:
Judge Sundale reviewed the FIR and the prosecution’s reply. He noted that Shaikh’s name was not mentioned in the FIR. However, during the investigation, it was discovered that some of the misappropriated funds were transferred to Shaikh’s bank account, leading to his arrest.
The court observed that Shaikh was arrested on March 23, 2024, and had been in police and judicial custody. The main allegations of cheating and misappropriation were against co-accused Ashfaq Ali Shaikh. Nothing was recovered from Shaikh during his police custody, and his bank account was already frozen.
Considering the nature of the offenses (Section 420, punishable with up to seven years, and Section 406, punishable with up to three years), the court concluded that Shaikh’s continued detention was unnecessary. The court also determined that the prosecution’s concerns could be addressed by imposing appropriate conditions.
Bail Conditions:
Shaikh was granted bail upon executing a personal bond of Rs. 25,000 with one or two sureties of the same amount. The following conditions were imposed:
- Shaikh and his sureties must provide their mobile numbers, email addresses, and documents related to their place of residence.
- Shaikh must not directly or indirectly influence or threaten any person acquainted with the case.
- He must not leave India without prior permission from the court.
- He must attend the Vakola Police Station once a week (every Monday between 11:00 a.m. and 1:00 p.m.) until the charge sheet is filed and cooperate with the investigation.
- Provisional cash bail of the same amount was allowed, with Shaikh required to furnish surety within four weeks, failing which the cash bail would be forfeited.
- Breach of any condition will result in the cancellation of his bail.
- Bail to be furnished before the Metropolitan Magistrate Court.
Order Details:
The order was dictated on April 8, 2024, transcribed on April 10, 2024, and signed on April 10, 2024. The certified copy was uploaded on April 10, 2024, at 1:15 p.m.
This decision reflects the court’s consideration of the specific allegations against Shaikh, the progress of the investigation, and the imposition of conditions to ensure his compliance with the legal process.