Mumbai, January 19, 2024 – The City Civil and Sessions Court in Mumbai granted bail to a 62-year-old accused, Zakir Hussain Ahmed Shaikh, alias Rajubhai, who was arrested in connection with a cheating case registered under Sections 406, 420, and 34 of the Indian Penal Code (IPC). The case, filed at Shivaji Park Police Station under C.R. No. 299/2023, alleged financial fraud amounting to Rs. 17.5 lakh.
Case Background
Shaikh was arrested on October 5, 2023, in connection with the alleged financial fraud. According to the prosecution, the accused was a beneficiary of the fraudulent transactions carried out by the prime suspect, Omprakash, who is currently absconding. The first informant, a woman known to Omprakash, had reportedly handed over the money through eleven cheques, believing it was part of a legitimate transaction under the MHADA scheme. The prosecution claimed that Shaikh received Rs. 17.5 lakh from Omprakash, making him complicit in the crime.
However, the defense, represented by Advocate Manoj Tiwari, argued that Shaikh was falsely implicated in the case. It was contended that the entire sum was received by Omprakash, and Shaikh had no direct dealings with the informant. The defense further pointed out that the accused had already undergone custodial interrogation and had been in judicial custody since October 7, 2023.
Court’s Observations
During the bail hearing, Additional Sessions Judge S.D. Kulkarni noted that the prime accused, Omprakash, was the main perpetrator of the alleged fraud, as per the contents of the First Information Report (FIR). The judge observed that Shaikh’s role in the case was limited to the transfer of funds and that he had not directly interacted with the victim in the fraudulent scheme.
Furthermore, the court took into account Shaikh’s age and health conditions. Since the investigation had been completed and the charge sheet had already been filed in the Metropolitan Magistrate Court, the judge ruled that there was no reason to keep the accused in custody indefinitely. The court also acknowledged that trial proceedings could take a long time due to the backlog of cases.
Bail Conditions
After considering all factors, the court granted bail to Shaikh under the following conditions:
- The accused was ordered to furnish a personal bond and surety bond of Rs. 25,000/-.
- He was prohibited from tampering with prosecution witnesses or evidence.
- A provisional cash bail of Rs. 25,000/- was granted, with a requirement to furnish surety within four weeks, failing which the cash bail would be forfeited.
- Shaikh was barred from leaving India without prior court permission.
- The court directed that he must not engage in similar offenses in the future.
- Bail would be processed before the learned trial court.
Legal Implications and Next Steps
The case highlights the legal principle that mere receipt of funds does not necessarily imply direct involvement in a crime, especially when the primary suspect remains at large. The court’s decision underscores the importance of distinguishing between primary perpetrators and secondary beneficiaries in financial fraud cases.
The prosecution is expected to continue its efforts to locate and apprehend Omprakash, while the trial proceedings against Shaikh will move forward in the Metropolitan Magistrate Court.
This ruling adds to the ongoing discourse about financial fraud cases and the legal remedies available to those accused. While the court has granted bail, Shaikh’s legal battles are far from over, as he will still have to prove his innocence in the upcoming trial.
