Intro Summary

The Court of Session for Greater Bombay has granted bail to Ashishkumar Mungeshwar Mahato (30), an accused in a significant case involving overseas job fraud, forgery, and cyber offenses (C.R. No. 66/2023). The order, issued by Additional Sessions Judge Rajesh A. Sasne on April 20, 2024, allowed the bail application largely on the grounds that the investigation was completed and the charge-sheet had been filed. Crucially, the Court downplayed a key piece of prosecution evidence—the recovery of 42 passports from the applicant’s house—by observing that obtaining passports was “natural” given the consultancy’s business of offering foreign job placement services. Concluding that pre-trial incarceration was unwarranted after six months in custody, the Court granted conditional bail.

Prosecution’s Arguments and Case Details

The case stems from a complaint lodged by Bharat Shantaram Koli on October 29, 2023, regarding Bombay International Consultancy. The agency allegedly lured the complainant and other candidates with promises of jobs at Pasha Construction in Azerbaijan. The accused collected passports and money for air tickets, forwarding seemingly correct Visa links and forged offer letters. The offence was registered under a comprehensive array of sections: IPC Sections 420 (Cheating), 409 (Criminal Breach of Trust), 465, 467, 468, 471 (Forgery), Section 10, 24 of the Indian Immigration Act, Section 12(1)(B) of the Passport Act, and Section 66(C), (D) of the IT Act, 2000. The prosecution opposed bail, arguing that if released, the accused could tamper with evidence, threaten witnesses, and flee from justice, thereby affecting the collection of evidence.

Defense’s Arguments

The applicant, Ashishkumar Mungeshwar Mahato, was represented by Advocate Roshani Singh, who argued that he was innocent and falsely implicated. The key submissions were:

1. The applicant was arrested on October 30, 2023, and had already undergone sufficient custodial interrogation (nearly six months).
2. The applicant has no criminal antecedents.
3. The investigation is completed and the charge-sheet has been filed.
4. The applicant is a permanent resident of Gaya, Bihar, and would not abscond.The defense stressed that continuing detention until the conclusion of the trial served no purpose.

Court’s Analysis and Rationale (Addl. Sessions Judge Rajesh A. Sasne)

The Court reviewed the documents and the written arguments, focusing on the current stage of the judicial process.

1. Investigation Status: The Court found that the charge-sheet is already filed, and the investigation is completed.
2. Passport Recovery: Addressing the recovery of 42 passports from the applicant—a major point of evidence—the Court offered a pragmatic interpretation. It noted that the accused’s business was securing foreign jobs, for which passports are obtained for necessary formalities. Thus, the “recovery of passport with the accused appears to be natural.”
3. Incarceration: The applicant had been behind bars since October 30, 2023. The Court held that pre-trial incarceration is not warranted once the investigation is complete, reiterating the principle that liberty must be preserved.

Concluding that reasonable conditions could be imposed to secure the presence of the accused, the Court allowed the application. Ashishkumar Mungeshwar Mahato was released on a P.B. and S.B. of ₹30,000/- with one or two sureties. Conditions included attending the concerned police station once a month for the next three months, regularly attending trial dates, and not leaving India without prior court permission.