Mumbai, April 23, 2024 – Hasina Rashid Ahmad Shaikh has been granted bail by the Sessions Court for Greater Bombay in a forgery case. Additional Sessions Judge A.A. Kulkarni (Court Room No. 22) issued the order on April 22, 2024.

Shaikh was arrested in connection with C.R. No. 149/2024, registered at the Tilak 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 complainant, a police officer working in the passport branch, reported that Shaikh submitted a birth certificate allegedly issued by District Women’s Hospital, Devriya, Uttar Pradesh. Upon verification, the issuing hospital confirmed that the certificate was not issued by them.

Arguments Presented:

Advocate Nilesh Garud, representing Shaikh, argued that she was falsely implicated and had not committed any offense. He emphasized that she had been in police custody since April 4, 2024, had roots in the society, and was willing to cooperate with the police and abide by court conditions.

Additional Public Prosecutor (APP) J.N. Suryawanshi, representing the State, opposed the bail, arguing that Shaikh had submitted a forged certificate to obtain a passport. He expressed concerns about potential evidence tampering if she were released.

Court’s Reasoning and Decision:

Judge Kulkarni noted that the case was primarily based on documentary evidence, specifically the birth certificate. The court acknowledged the communication from the issuing hospital confirming the certificate was not genuine.

However, the court also observed that custodial interrogation was no longer required for further investigation, as the alleged offense was based on documentary evidence already in police custody.

The court found that directing Shaikh to appear before the investigating officer when required would suffice for further investigation and ensure her presence.

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 Tilak Nagar Police Station, Mumbai, as and when required by the Investigating Officer on notice.
• She must provide her residential address proof and contact numbers to the Investigating Officer.
• She must not directly or indirectly influence, threaten, or promise any person acquainted with the case.
• She must not leave India without prior permission from the court.
• Bail to be furnished before the trial court.

Order Details:

The order was dictated and directly typed on April 22, 2024, and signed on April 23, 2024. The certified copy was uploaded on April 23, 2024, at 11:00 a.m.

This decision reflects the court’s consideration of the documentary nature of the evidence, the completion of custodial interrogation, and the imposition of conditions to ensure Shaikh’s cooperation with the investigation and compliance with the legal process.