Mumbai, April 22, 2024 – Mohd. Irfan Abdul Rahim Shaikh, a 22-year-old student, has been granted bail by the Sessions Court for Greater Mumbai in a case involving passport forgery. Additional Sessions Judge A.A. Kulkarni (Court Room No. 22) issued the order on April 20, 2024.
Shaikh was arrested in connection with C.R. No. 300/2024, registered at the Shivaji Nagar Police Station, for offenses under Sections 420 (cheating), 465 (forgery), 466 (forgery of record of court or public register), 468 (forgery for purpose of cheating), and 471 (using as genuine a forged document) of the Indian Penal Code (IPC).
Background and Allegations:
The case stemmed from a directive from the Passport Office to verify the authenticity of birth and death certificates by scanning their QR codes. When Shaikh submitted a birth certificate allegedly issued in Sita Madhi, Bihar, the verification revealed it was not issued by the issuing office, leading to his arrest.
Arguments Presented:
Advocate S.M. Shoaib, representing Shaikh, argued that he was falsely implicated. He highlighted that Shaikh is a student pursuing Automobile Engineering at Agnel Polytechnic, Navi Mumbai, and needs to appear for his AKT examination in the following month. He also emphasized that Shaikh has no criminal antecedents and is a permanent resident of Mumbai.
Additional Public Prosecutor (APP) J.N. Suryawanshi and the investigating officer opposed the bail, claiming that Shaikh, in collusion with others, forged documents to obtain a passport and cheated the Passport Office. They argued that the investigation was at a preliminary stage.
Court’s Reasoning and Decision:
Judge Kulkarni noted that the case was primarily based on documentary evidence, which was already in the possession of the police. He observed that further custodial interrogation of Shaikh was not required for the investigation.
The court also considered Shaikh’s educational needs, as he is a student required to appear for examinations. It concluded that Shaikh could be directed to appear before the investigating officer as needed to ensure his presence during the investigation.
Bail Conditions:
Shaikh was granted bail upon furnishing a personal bond of Rs. 25,000 with one or more sureties of the same amount. The following conditions were imposed:
- Shaikh must attend the Shivaji Nagar Police Station, Mumbai, as and when required by the Investigating Officer on notice.
- He must furnish his residential address proof and contact numbers to the Investigating Officer.
- He must not directly or indirectly influence, threaten, or promise any person acquainted with the facts of the case.
- He must not leave India without prior permission from the Court.
- Bail to be furnished before the Trial Court.
Order Details:
The order was directly typed on the computer on April 20, 2024, and signed on April 22, 2024. The certified copy was uploaded on April 22, 2024, at 5:30 p.m.
This decision reflects the court’s consideration of the document-based evidence, the completion of the necessary investigation, and the educational needs of the accused. The court also imposed conditions to ensure Shaikh’s cooperation with the ongoing investigation.