Mumbai, April 30, 2024 – Mahboob Maksud Khan, a 24-year-old resident of Govandi, Mumbai, has been granted bail by the Sessions Court for Greater Mumbai in a case involving the submission of a forged birth certificate for a passport application. Additional Sessions Judge A.A. Kulkarni allowed Khan’s bail application (Criminal Bail Application No. 1107 of 2024), citing the documentary nature of the evidence and the lack of necessity for further custodial interrogation.

Khan was arrested by Shivaji Nagar Police in connection with C.R. No. 323/2024, facing charges under sections 420 (cheating), 465 (forgery), 466 (forgery of record of court or public register, etc.), 468 (forgery for purpose of cheating), and 471 (using as genuine a forged document or electronic record) of the Indian Penal Code¹ (IPC).

Prosecution’s Case:

The prosecution alleged that Khan submitted a forged birth certificate, purportedly issued by the District Women’s Hospital in Sultanpur, Uttar Pradesh, while applying for a passport. The passport branch, following protocol, verified the certificate with the issuing hospital, which confirmed that the document was not issued by them.

Defense Arguments:

Khan’s advocate, S.K. Ali, argued that his client was falsely implicated in the case and had not committed any offense as alleged in the FIR. He emphasized that Khan had roots in the society, was the sole breadwinner of his family, and had not played any role in the alleged crime. He also stated that Khan was ready to cooperate with the police and abide by any conditions imposed by the court.

Prosecution’s Objections:

The Additional Public Prosecutor (APP), J.N. Suryawanshi, and the investigating officer opposed the bail application, arguing that Khan had prepared a forged certificate through an agent and committed forgery and cheating to obtain a passport. They also contended that the investigation was at a preliminary stage.

Court’s Decision:

Judge Kulkarni, after considering the submissions and reviewing the FIR, noted that the case was based on documentary evidence. He observed that the alleged forged birth certificate was already in police custody and that the investigation primarily relied on the communication received from the issuing hospital in Sultanpur.

The court concluded that further custodial interrogation of Khan was not required and that his presence could be secured by directing him to appear before the investigating officer as needed.

Conditions of Bail:

Judge Kulkarni granted Khan bail on the following conditions:

• He must furnish a Personal Recognizance (P.R.) Bond of ₹25,000 with one or more sureties of the same amount.
• He must attend Shivaji Nagar Police Station, Mumbai, as and when required by the investigating officer on notice.
• He must furnish his residential address proof and contact numbers to the investigating officer.
• He must not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case.
• He must not leave India without prior permission from the court.
• Bail must be furnished before the learned court below.

Significance of the Order:

This order highlights the court’s consideration of the following factors when granting bail:

• Documentary Evidence: The court emphasized that the case was primarily based on documentary evidence, which was already in police custody.
• Lack of Custodial Interrogation Necessity: The court concluded that further custodial interrogation of the accused was not required.
• Cooperation with Investigation: The court directed the accused to appear before the investigating officer as needed, ensuring his cooperation with the ongoing investigation.
• Conditions to Ensure Presence: The court imposed conditions to ensure the accused’s presence during the trial and prevent any interference with the investigation.