Mumbai, April 13, 2022 – In a significant development, the Court of Session for Greater Bombay today granted bail to Edward Ashok Sharma, 26, who was implicated in a cheque forgery case involving ₹4,95,000. Sharma, identified as Accused No. 1 in Crime No. 55 of 2021 registered at N. M. Joshi Marg Police Station, was released on bail under Section 439 of the Code of Criminal Procedure.

The case involves allegations of offenses under Sections 420, 465, 467, 468, 471, and 120-B of the Indian Penal Code (IPC), pertaining to cheating, forgery, and criminal conspiracy.

According to the prosecution, on February 19, 2021, the National Education Research Center discovered that a sum of ₹4,95,000 had been debited from their savings account using a forged cheque (bearing no. 012798). The original cheque was for “RSS KET INTERNATIONAL SCHOOL,” but the presented cheque was altered to “RASS KGT INTERNATIONAL SCHOOL,” with a different IFSC code. This forged cheque was deposited into Edward Ashok Sharma’s account, and he subsequently withdrew the amount.

Sharma, through his advocates Mr. Himanshu Shinde and Ms. Priya Gupta, argued that he was falsely implicated and made a “scapegoat.” His defense contended that he had no knowledge of the cheque being bogus and that he had no direct nexus with the crime, asserting that he was not the beneficiary of the amount. During the investigation, Sharma had named an individual called “Nakul” as the person who allegedly used him by assuring him employment and to whom the withdrawn amount was handed over.

The prosecution, represented by Ld. APP Mrs. Ranjana Budhwant, opposed the bail, highlighting that a forged cheque was used to withdraw a substantial amount, which was deposited into and withdrawn from Sharma’s account, indicating his direct involvement. They also claimed that Sharma had stated during the investigation that “Nakul” had given forged cheque books to “various other persons” and that “various SIM cards” were purchased in Sharma’s name, suggesting a larger racket. The prosecution maintained that the cash was yet to be recovered.

After considering the arguments, Judge Shri Ajay C. Daga (C.R. No. 23) reviewed a previous bail application by Sharma, which was rejected on June 16, 2021, primarily because a co-accused had not been traced. The court noted that this ground no longer stood, as the co-accused has since been arrested and released on temporary bail by the learned Metropolitan Magistrate.

Regarding the non-recovery of the amount, the court observed that “nothing on record which goes to show that since applicant was taken in Magistrate custody at any point of time, investigating officer made any investigation with the applicant.” The judge reasoned that merely because the recovery ground remained, the applicant “cannot be allowed suffer.” Since the investigation regarding the co-accused had been completed, the court found “no question of any further investigation to be done by investigating officer” with Sharma.

The court further stated that keeping the applicant in custody would amount to “punishing the applicant prior to completion of trial which itself against settled law,” given that the trial would likely take a long time to conclude.

Based on these considerations, the court ruled that no purpose would be served by curtailing the applicant’s liberty.

Edward Ashok Sharma has been granted bail on a Personal Recognizance (P.R.) bond of Rs. 30,000/- with one or more sureties of the like amount. Additionally, he has been granted a provisional cash bail of Rs. 30,000/- for a period of four weeks from today.

The bail is subject to specific conditions:

• Sharma must attend the N.M. Joshi Marg Police Station every Wednesday between 2:00 p.m. to 4:00 p.m. for one month.
• Thereafter, he must attend the said police station as and when called by the Investigating Officer.
• He is prohibited from pressurizing or threatening the informant and witnesses.
• The bail bond must be furnished before the Learned Metropolitan Magistrate.

The Criminal Bail Application No. 621 of 2022 stands disposed of.