March 10, 2022 – Mumbai: In a significant legal development, the Sessions Court of Greater Bombay granted bail to two individuals accused in a fake currency and cheating case registered under C.R. No. 100 of 2021 by the DCB CID, Mumbai, which was initially registered as C.R. No. 1287 of 2020 at Malwani Police Station. The accused, Bhatti Rafiqbhai Hasanbhai (46) and Asifbhai Sandhwani (26), were released on a personal recognizance bond of Rs. 25,000 each, with additional conditions imposed by the court.
Background of the Case
The case originated when complainant Yagnesh Krushnkumar Pandiya filed an FIR on August 25, 2020, detailing an elaborate scheme of deception. Facing financial difficulties, Pandiya was allegedly lured by co-accused Jaysingh Rathod and Rajan Dave, who promised to provide him with fake currency amounting to Rs. 1 crore in exchange for real money worth Rs. 15 lakhs. The complainant, after arranging Rs. 13 lakhs, handed over the amount near Infinity Mall in Malad West, Mumbai. However, before the deal could be finalized, two individuals posing as police officers intervened and intercepted the transaction, leading to the sudden disappearance of the fake currency and some of the accused.
According to the prosecution, the entire operation was a premeditated act, orchestrated to cheat the complainant without providing him with any counterfeit currency. The alleged fake raid served as a ruse to confiscate the real money while misleading the complainant.
Arguments Presented in Court
Advocate Amardeep Bhattacharya, representing the accused, argued that both individuals were falsely implicated in the case. He pointed out that three co-accused—Shahbaj, Abid, and Akram—were previously arrested and subsequently granted bail by a Magistrate on September 25, 2020. Furthermore, the primary allegations against Bhatti Rafiqbhai Hasanbhai and Asifbhai Sandhwani were limited to their presence at the hotel where the deal discussions took place.
The prosecution, represented by APP Abhijeet Gondwal, opposed the bail plea, emphasizing that two police officers, who played a crucial role in the fraudulent scheme, were still absconding. The prosecution further argued that during custodial interrogation, co-accused Akram had disclosed the involvement of Bhatti and Asifbhai. Additionally, Rs. 11 lakhs had been recovered from the accused arrested earlier, although no recovery was made directly from the applicants seeking bail.
Court’s Ruling and Observations
After examining the arguments and case records, Additional Sessions Judge R.M. Sadrani observed that the accused who were directly present at the crime scene had already been granted bail by the Magistrate. The primary evidence against Bhatti and Asifbhai was based on the statement of a co-accused, without any corroborating material to establish their direct involvement in the fraudulent transaction.
Considering the lack of substantial evidence against the applicants and their limited role in the alleged conspiracy, the court ruled in favor of granting them bail. However, several conditions were imposed to ensure compliance with the ongoing investigation:
- Both accused were required to execute a PR bond of Rs. 25,000 each, with one or more sureties of the same amount.
- The applicants were instructed to furnish their detailed residential addresses and phone numbers at the time of furnishing bail.
- They were mandated to attend the DCB CID, Mumbai office every Friday between 11:00 a.m. and 2:00 p.m. until further notice.
- The accused were strictly prohibited from making any direct or indirect inducement, threat, or promise to any individuals associated with the case.
- They were barred from leaving India without prior permission from the court.
- Any breach of the bail conditions could lead to immediate revocation of bail.
Legal Implications and Case Status
The case has drawn attention due to its involvement of counterfeit currency, alleged corrupt practices within law enforcement, and the larger implications of financial fraud. The two police officers suspected of participating in the fraud remain untraceable, adding complexity to the ongoing investigation.
While Bhatti Rafiqbhai Hasanbhai and Asifbhai Sandhwani have secured bail, the prosecution continues its probe to gather further evidence against the accused individuals still at large. Legal experts suggest that the case highlights the necessity of stringent oversight in financial transactions and law enforcement activities.
As the investigation proceeds, the court’s decision to grant bail to the two accused remains a crucial legal milestone in the case. The authorities are expected to intensify efforts to apprehend the remaining suspects and ensure justice for the complainant.
This case serves as a stark reminder of the complexities involved in financial fraud and the legal proceedings that follow. Stay tuned for further updates as the trial unfolds.
