The Court of Sessions for Greater Mumbai has granted regular bail to Rajan Sham Gulhane, a 46-year-old Thane businessman, who was arrested in a major land fraud case involving government property. H.H. Additional Sessions Judge A. A. Kulkarni (C.R. No. 22), in an order dated May 16, 2024, in Criminal Bail Application No. 1117 of 2024, ruled that the “further detention of applicant is not required” because the investigation was complete and the charge-sheet had already been filed before the Metropolitan Magistrate. Mr. Gulhane was charged under multiple serious sections of the IPC: 420 (Cheating), 447 (Criminal Trespass), 465 (Forgery), 467 (Forgery of Valuable Security), 468 (Forgery for purpose of cheating), and 471 (Using as genuine a forged document), registered under C.R. No. 750/2023 at Tilak Nagar Police Station.
The Allegations: Forging Government Land Deeds
The case originated from a complaint lodged by Police Head Constable Aananda Maruti Patil, detailing a fraud involving a significant government plot in Chembur:
- The Property: The disputed land, located at Survey No. 320, CTS No. 623(B)/1 to 7, and CTS No. 661, is partially occupied by the office of the ACP Deonar and includes some open space. The land is subject to an ongoing dispute between the Government of Maharashtra and the Government of India (Salt Department).
- The Applicant’s Claim: On May 16, 2023, the applicant, Rajan Gulhane, filed an application with the police, claiming ownership of the plot and alleging encroachment by others. He subsequently fixed a board on the plot asserting his ownership.
- The Investigation Finding: During the inquiry, it was revealed that the applicant had forged official documents to fabricate his claim over the plot. The investigation further alleged that based on these forged documents, the applicant and his co-accused had received money—specifically, ₹30 lakhs—from other unsuspecting individuals.
Defense Arguments: Denial and Focus on Procedural Status
The applicant’s counsel, Adv. Mr. Raj Jain, argued that Mr. Gulhane was falsely implicated, asserting he had not made any representations to government authorities, had not fabricated the documents, and was being arrested solely because his brother was a co-accused. The primary defense strategy focused on the procedural status:
- Investigation Complete: Since the charge-sheet had been filed, no further recovery or custodial interrogation was necessary.
The prosecution, represented by APP Mr. Iqbal Solkar, vehemently opposed the bail, stating that the amount of ₹30 lakhs was yet to be recovered, and that the forged documents were also yet to be fully recovered. They also expressed the standard apprehension of witness tampering. The Investigating Officer provided the Court with copies of both the authenticated and the forged documents as evidence of the crime.
Judicial Rationale: Charge-Sheet Filing is Decisive
The Sessions Judge, Shri A. A. Kulkarni, carefully reviewed the documents, including the copy of the forged deed, which convinced the Court prima facie of the forgery. However, the Court placed greater weight on the status of the investigation for the purpose of bail:
- No Further Detention Required: The Court’s core finding was that the investigation was completed and the charge-sheet had been filed against the applicant before the Metropolitan Magistrate. This procedural development essentially rendered the utility of continued custodial detention negligible.
- Mitigating Risk: While acknowledging the prosecution’s concerns about recovering the corpus delicti (money and documents), the Judge determined that the interest of the prosecution could be adequately protected by imposing stringent bail conditions rather than denying liberty.
The Court implicitly ruled that the inability to recover money or documents after the completion of the investigation is a matter for the trial process, not a sufficient ground to deny bail when the evidence has been largely collected and the formal charges filed.
Conditions Imposed for Release
The Criminal Bail Application No. 1117 of 2024 was allowed. Rajan Sham Gulhane was released on bail upon furnishing a P.R. and S.B. Bond of ₹25,000/- along with one or more sureties in the like amount, subject to the following key conditions:
- Non-Tampering: The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts.
- Travel Restriction: The applicant shall not leave India without the prior permission of the Court.
- Information Sharing: He must furnish his residential address proof and contact numbers to the Investigating Officer.
This order reaffirms the principle that in cases where the evidence is primarily documentary and the police investigation is formally concluded, bail is warranted, even for serious financial crimes involving forgery and fraud.