Mumbai, March 18, 2024 – Mohammad Nafis Mohammad Sharif, a resident of Rajasthan, has been granted bail by the Designated Court under the Maharashtra Protection of Interest of Depositors (MPID) Act in Mumbai. Judge Aditee Uday Kadam allowed Sharif’s bail application (Bail Application No. 456 of 2024), citing the lack of specific allegations against him and the completion of the investigation.
Sharif was arrested in connection with C.R. No. 76 of 2023 (originally C.R. No. 369 of 2021 at Kalachowki Police Station), registered with DCB CID Unit-III, for offenses under sections 420 (cheating) read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC) and sections1 33 and 36 of the Maharashtra Medical Practitioners Act, 1961.
Prosecution’s Case:
The prosecution alleged that the main accused, R. Patel, pretended to be a doctor and, along with his assistants, including Sharif, cheated patients by collecting large sums of money for fake treatments.
Defense Arguments:
Sharif’s advocate, Ashwini Achari, argued that there were no specific allegations that any money was handed over to Sharif. She also submitted that the charge under section 420 of the IPC could not be made out against him and that he had no criminal antecedents. She further argued that the investigation against Sharif was complete, and the charge sheet was filed.
Prosecution’s Objections:
The Special Public Prosecutor (SPP), Seema Deshpande, opposed the bail application.
Court’s Decision:
Judge Kadam, after reviewing the record and hearing arguments, noted that there were no specific allegations against Sharif and that no money was directly handed over to him. While acknowledging prima facie material showing Sharif’s involvement, the court considered that the main accused was R. Patel, and the investigation against Sharif was complete.
The court concluded that keeping Sharif in custody would serve no purpose and granted him bail with stringent conditions.
Conditions of Bail:
Judge Kadam granted Sharif bail on the following conditions:
- He must furnish a Personal Recognizance (PR) bond of ₹1,00,000 and one or more solvent sureties of the same amount.
- He must not tamper with prosecution evidence or pressurize witnesses.
- He must attend all trial dates regularly.
- He must mark his presence at the concerned police station every second Saturday and Sunday of the month between 11:00 AM and 2:00 PM until the charge sheet is filed against the main accused.
- He must not leave Maharashtra or India without prior court permission.
- He must not change his residential address without informing the investigating officer and the court.
Significance of the Order:
This order highlights the court’s consideration of the following factors when granting bail:
- Lack of Specific Allegations: The court emphasized the absence of direct allegations against Sharif.
- Completion of Investigation: The court considered that the investigation against Sharif was complete, and the charge sheet was filed.
- Role of Main Accused: The court noted that R. Patel was the main accused and beneficiary.
- Conditions to Ensure Compliance: The court imposed stringent conditions to ensure Sharif’s presence during the trial and prevent any interference with the investigation.