Mumbai, February 23, 2022: The Sessions Court of Greater Bombay has rejected the bail application of Ajay Ashok Sawant, a 45-year-old laborer from Mankhurd, Mumbai, accused of defrauding an elderly man in a case registered under Section 420 read with Section 34 of the Indian Penal Code (IPC). The order was passed by Additional Sessions Judge G.B. Gurao on February 18, 2022.
Case Background
The case pertains to an incident that occurred on February 22, 2021, when the complainant, a 60-year-old man named Harish, was walking towards Sion Koliwada. According to the First Information Report (FIR), Sawant, along with an accomplice, allegedly approached the complainant, engaged him in conversation, and deceived him into placing his valuables—including a gold chain, bracelet, and ring—into a bag. The accused then returned a different bag to the complainant and left the scene. Upon opening the bag, the complainant discovered that his valuables were missing, prompting him to lodge a complaint at the Chembur Police Station.
Arguments Presented in Court
Defense Argument: Sawant’s defense counsel, Advocate Sanjay Jadhav, argued that his client was falsely implicated and had no involvement in the crime. Jadhav further stated that no recovery had been made from the accused and pointed out that the co-accused, Vijay Tambe, had already been granted bail. The defense strongly pleaded for Sawant’s release on bail, asserting his innocence and lack of direct evidence against him.
Prosecution Argument: Opposing the bail plea, Additional Public Prosecutor (APP) Ramesh Siroya highlighted the seriousness of the offense and emphasized that Sawant was a habitual offender with a history of similar crimes. The prosecution contended that granting bail to Sawant could result in him absconding and continuing to defraud innocent victims. The APP further informed the court that Sawant was in custody for another criminal case, strengthening the argument against his release.
Court’s Observations and Decision
Upon reviewing the case details, including the FIR, supporting documents, and prosecution’s statement, the court noted that multiple cases—at least nine—had been registered against Sawant across various police stations for offenses under Section 420 read with Section 34 of the IPC. The court observed that the accused’s modus operandi was similar across these cases, where elderly victims were deceived into handing over their valuables.
While the co-accused had been granted bail, the court found Sawant’s antecedents to be highly questionable. Given his history of fraudulent activities and the nature of the offense, Judge Gurao ruled that the accused was not entitled to bail.
Final Order
In a firm decision, the court rejected Bail Application No. 199/2022, stating:
“The offense is serious. The complainant, an elderly man, has suffered a wrongful loss. Though the co-accused is released on bail, considering the antecedents of the present accused, I find that he is not entitled to bail.”
The order was signed and uploaded on February 23, 2022.
Legal Implications and Public Impact
The rejection of Sawant’s bail plea sends a strong message against habitual offenders and highlights the judicial system’s stance on protecting vulnerable citizens, particularly the elderly, from fraudsters. It also underscores the importance of vigilance among the public when approached by strangers making suspicious requests.
As fraud cases continue to rise, law enforcement agencies are urging citizens to report such crimes immediately and remain cautious in interactions that involve valuables or financial transactions.
