Mumbai, March 18, 2024 – Mohammad Nafis Mohammad Sharif, accused in a fake doctor fraud case, has been granted bail by the Designated Court under the Maharashtra Protection of Interest of Depositors (MPID) Act. Judge Aditee Uday Kadam allowed Sharif’s bail application (Bail Application No. 458 of 2024), citing the lack of a specific role attributed to him and the completion of the investigation.
Sharif was arrested in connection with C.R. No. 70 of 2023 (corresponding to C.R. No. 238 of 2023 at Marine Drive Police Station), registered at DCB CID Unit-III, for offenses punishable under section 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 Sharif, along with other co-accused, acted as his assistants. They allegedly colluded to cheat patients suffering from various ailments, inducing them to pay large sums for fake treatments.
Defense Arguments:
Sharif’s advocate, Taraq Sayyed, argued that there was no specific role attributed to his client and no specific allegations that he received any money from the victims. He also argued that the charge under section 420 of the IPC could not be made out against Sharif and that he had no prior criminal record.
Prosecution’s Objections:
The Special Public Prosecutor (SPP), Seema Deshpande, opposed the bail application, but the provided documentation does not include specific objections.
Court’s Decision:
Judge Kadam, after reviewing the record, noted that there was no specific role attributed to Sharif and no specific allegations that he received any money. She acknowledged that there was material showing Sharif’s involvement in the alleged offenses.
However, considering that the main beneficiary was the primary accused, R. Patel, and that the investigation against Sharif was complete and the charge sheet had been filed, the court concluded that keeping him in custody would serve no purpose.
Conditions of Bail:
Judge Kadam granted Sharif bail on the following conditions:
- He must furnish a Personal Recognizance (P.R.) Bond of ₹1,00,000 (Rupees One Lakh only) and one or more solvent sureties of the same amount.
- He must not tamper with prosecution evidence or pressurize prosecution witnesses.
- He must attend all trial dates regularly.
- He must mark his presence at the concerned police station on the 2nd Saturday and Sunday of every month between 11:00 AM and 2:00 PM until the filing of the charge sheet against the main accused.
- He must not leave Maharashtra or India without prior permission from the concerned court.
- He must not change his residential address without informing the Investigating Officer (IO) and the concerned court.
Significance of the Order:
This order highlights the court’s consideration of the following factors when granting bail in a financial fraud case:
- Lack of Specific Role: The court considered the lack of a specific role attributed to the accused and the absence of direct financial benefit.
- Completion of Investigation: The court considered the completion of the investigation and the filing of the charge sheet.
- Main Accused’s Role: The court considered the primary role of the main accused as the beneficiary of the fraud.
- Conditions to Ensure Presence: The court imposed stringent conditions to ensure the accused’s presence during the trial and prevent any interference with the investigation.