Mumbai, March 15, 2024 – Sushma Hemant Mohite has been granted bail by the Sessions Court for Greater Bombay in a case involving large-scale cheating and forgery. Additional Sessions Judge Rajesh A. Sasne (Court Room No. 30) issued the order on March 7, 2024.
Mohite was arrested in connection with C.R. No. 62/2023 (corresponding to C.R. No. 515/2023 at Agripada Police Station), registered with DCB CID, Unit-3, Mumbai, for offenses under Sections 419 (cheating by personation), 420 (cheating and dishonestly inducing delivery of property), 465 (forgery), 467 (forgery1 of valuable security, will, etc.), 468 (forgery for purpose of cheating), 471 (using as genuine2 a forged document or electronic record), and 120(b) (criminal conspiracy) of the Indian Penal Code3 (IPC).
Background and Allegations:
The prosecution alleged that Mohite and her co-accused induced individuals to obtain credit cards and home loans, then misused their documents through forgery. They fabricated government documents and submitted them to banks to secure loans. They also obtained mobile SIM cards in the names of customers and used them to communicate with banks. Furthermore, they withdrew funds using the customers’ credit cards. The investigation revealed that approximately 300 credit cards were obtained, and around 20 individuals were defrauded, with the total fraud amounting to Rs. 87,91,000.
Arguments Presented:
Advocate Aniket U. Gupta, representing Mohite, argued that she was falsely implicated, had no criminal antecedents, and had been in custody since September 22, 2023. He emphasized that the charge sheet had been filed, the investigation was complete, and there was no reason to keep her in custody. He also argued that she was a permanent resident and would not abscond.
Additional Public Prosecutor (APP) Iqbal Solkar opposed the bail, arguing that Mohite’s release would affect the collection of evidence, pose a risk of flight, and potentially lead to witness intimidation and evidence tampering.
Court’s Reasoning and Decision:
Judge Sasne noted that Mohite had been in custody for over five months, and co-accused individuals had already been granted bail. The charge sheet had been filed, the investigation was complete, and no further recovery was pending.
The court acknowledged the seriousness of the allegations, including forgery of valuable documents, cheating, and fabrication of government documents. However, considering the completion of the investigation and the fact that the trial would take time, the court found that Mohite’s further incarceration was unwarranted.
The court also considered the ground of parity, as co-accused individuals had already been granted bail.
Bail Conditions:
Mohite was granted bail upon furnishing a personal bond (P.B.) and surety bond (S.B.) of Rs. 25,000 with one or two sureties. The following conditions were imposed:
- Mohite must not tamper with prosecution witnesses or evidence.
- She must regularly attend court hearings unless exempted by the trial court.
- Provisional cash bail of the same amount was allowed, with Mohite required to furnish surety within four weeks, failing which the cash bail would be forfeited.
- Mohite must not leave India without prior permission from the court.
- Bail to be furnished before the concerned Magistrate.
Order Details:
The order was dictated on March 7, 2024, transcribed on March 11, 2024, and signed on March 15, 2024. The certified copy was uploaded on March 15, 2024, at 3:14 p.m.
This decision reflects the court’s consideration of the completion of the investigation, the length of Mohite’s custody, the parity with co-accused individuals, and the imposition of conditions to ensure her compliance with the legal process.