Intro Summary

The Court of Sessions for Greater Mumbai has granted regular bail to Mr. Aslam Noor Mohammad Shaikh (30), an accused in a cheating and forgery case (C.R. No. 1100/2023) registered at Shivaji Nagar Police Station. The order, issued by H.H. Additional Sessions Judge A. A. Kulkarni on April 2, 2024, found that the applicant’s role in the alleged offense under Sections 420, 465, 471, and 504 read with 34 of the IPC was limited to that of an agent. Crucially, the Court observed that the main role was played by other accused and the present applicant was not the beneficiary of the transaction. Based on the limited nature of his involvement, the Judge ruled that his further detention was unnecessary.

Prosecution’s Arguments and Case Details

The prosecution’s case, derived from the FIR, alleges that the applicant, Aslam Noor Mohammad Shaikh, along with a co-accused named Mehajabin Fatima, represented to the informant (Malikabi) that Mehajabin Fatima was the rightful owner of two rooms (Nos. 702 and 703) in a MHADA Colony building in Govandi. The accused allegedly received a hefty deposit of ₹3,00,000/- from the informant, but then proceeded to let out the rooms to other persons and failed to return the amount. The Ld. APP and the Investigating Officer opposed the bail application, expressing the standard apprehension that if released, the applicant would likely tamper with prosecution evidence and abscond from justice.

Defense’s Arguments

Ld. Advocate Mr. M. S. Pathan, appearing for the applicant, contended that Aslam Noor Mohammad Shaikh was falsely implicated and had no involvement in the alleged core offense. The defense claimed that the entire case was registered with the intention to simply recover the amount from the applicant. Key defense points included:

1. The alleged transaction was primarily between the co-accused, Malikabi, and the applicant’s role was peripheral.
2. The applicant is a permanent resident of Mumbai.
3. He has co-operated with the police.
4. There is no possibility of tampering with evidence.Based on these facts, the defense sought the immediate grant of bail.

Court’s Analysis and Rationale (H.H. Addl. Sessions Judge A. A. Kulkarni)

The Court meticulously considered the allegations in the FIR and the prosecution’s reply. The Judge’s analysis centered on the applicant’s degree of involvement:

1. Limited Role: The Court specifically noted that “applicant has acted as agent only.”
2. No Direct Benefit: The analysis showed that the “Main role is played by other accused,” and importantly, the “Applicant is not beneficiary of the transaction.”
3. Investigation Status: The Court observed that “no property is seized at the instance from police” after the applicant’s arrest.

The Court concluded that in such circumstances, the applicant’s further detention is not required. Holding that the applicant was entitled to be released on bail, the Court emphasized that his presence during the trial could be secured by imposing necessary conditions.

The Criminal Bail Application No. 834 of 2024 was allowed. Mr. Aslam Noor Mohammad Shaikh was released on bail upon furnishing a P.R. Bond of ₹25,000/- along with one or two sureties in the like amount. The conditions included attending the Shivaji Nagar Police Station upon notice from the Investigating Officer, providing residential proof and contact numbers, and refraining from tampering with evidence or intimidating witnesses.