Mumbai, India – January 17, 2024 – Zakir Hussain Ahmed Shaikh, a 62-year-old man, has been granted bail by a Mumbai Sessions Court in connection with a cheating case involving alleged promises of MHADA housing. Ad-hoc Additional Sessions Judge S.D. Kulkarni, presiding over Court Room No. 66, granted bail in Criminal Bail Application No. 75 of 2024, citing the filed charge sheet and Shaikh’s limited alleged role.
Shaikh was arrested in connection with C.R. No. 299/2023 registered at Shivaji Park Police Station, facing charges under Sections 406 (criminal breach of trust), 420 (cheating and dishonestly inducing delivery of property), and 34 (acts done by several persons in furtherance of common intention)1 of the Indian Penal2 Code (IPC).
The Alleged Fraud and Arrest:
According to the prosecution, Shaikh and a co-accused, Omprakash (who is absconding), allegedly defrauded the complainant by promising her a room under the MHADA scheme. The complainant allegedly gave 11 cheques totaling Rs. 17,50,000 to Omprakash, who then transferred the money to Shaikh’s account.
Shaikh was arrested on October 5, 2023, and has been in judicial custody since October 7, 2023.
Defense Arguments:
Shaikh’s defense argued that he was innocent and falsely implicated. They emphasized that he never directly induced the complainant or received any money directly from her. They also highlighted that he was a senior citizen with health issues and a permanent resident of Kalyan, District Thane, posing no flight risk.
Prosecution Objections:
The prosecution opposed the bail, arguing that Shaikh was a direct beneficiary of the crime, as he received Rs. 17,50,000 from Omprakash. They also expressed concerns about the possibility of tampering with evidence and hindering the recovery of the cheated amount.
Court’s Reasoning and Decision:
Judge Kulkarni, after reviewing the case records and hearing arguments from both sides, granted bail to Shaikh. The court noted that the charge sheet had been filed and the investigation was complete.
“The investigation officer has completed the investigation and filed charge-sheet against the applicant/accused in learned Metropolitan Magistrate Court. So investigation in this matter is over, nothing remains to be seized from the possession of the applicant/accused,” Judge Kulkarni stated in his order.
The court also highlighted that the main allegations were against the absconding accused, Omprakash, and that the transfer of money to Shaikh’s account alone was not sufficient to deny bail.
“Therefore only the amount of Rs.17,50,000/- transferred by the accused no.1 on the name of applicant/accused is not sufficient to refuse the bail,” Judge Kulkarni observed.
The court also considered Shaikh’s age, permanent residency, and the fact that the offense was not punishable by more than seven years.
Bail Conditions:
Shaikh was granted bail on the following conditions:
- He must furnish a personal bond and surety bond of Rs. 25,000 with one or two sureties.
- He must not tamper with prosecution witnesses or evidence.
- He was granted provisional cash bail and must furnish sureties within four weeks.
- He must not leave India without prior permission from the court.
- He must not involve in similar offenses in the future.
- Bail before the learned trial court.
Implications:
This case highlights the court’s consideration of the completion of the investigation, the accused’s alleged role, and their personal circumstances when deciding on bail applications. It also demonstrates the court’s willingness to grant bail when the main allegations are against an absconding accused and the accused’s involvement appears limited. This case also shows that when a charge sheet is filed, and the accused is a senior citizen, that bail is more likely to be granted.