The Court of Sessions for Greater Mumbai granted regular bail to the applicant, Mujib Shafi Ahmed Khan, in an oral order dated May 4th, 2024. The application, Criminal Bail Application No. 1144 of 2024, was filed under Section 439 of the Cr.P.C. in connection with C.R. No. 337/2024 registered at Shivaji Nagar Police Station for offenses involving forgery and cheating under Sections 420, 465, 466, and 471 of the Indian Penal Code (IPC). The court, presided over by Addl. Sessions Judge Shri A. A. Kulkarni, decided to release the applicant, concluding that his further detention was not required as the case was based solely on documentary evidence already in police custody.

The Prosecution’s Case: Forgery for Passport

The allegations against Mujib Shafi Ahmed Khan centered on his attempt to obtain a passport using a forged document. The informant, a police official working in the passport branch, reported that a directive had been issued from the passport office. This directive mandated that birth or death certificates submitted by applicants must be verified by scanning the QR code, and if the embedded link did not open, the document was to be treated as suspicious and verified with the issuing office. If found bogus, necessary action was to be taken.

In the present case, the applicant was accused of submitting a forged birth certificate of his mother, which he allegedly obtained from a co-accused, Parvej Khan, in Uttar Pradesh, for the purpose of committing forgery and cheating to secure a passport. The prosecution and the investigating officer opposed the bail, citing the gravity of the crime and the fact that another accused, Ramjit Keshavar, was yet to be arrested. They argued that the applicant’s release would lead to the possibility of evidence tampering.

Judicial Rationale: Documentary Evidence and Custodial Need

The court considered the arguments from the applicant’s counsel, Mr. Ahmed Parvez Idrisi, and the Ld. APP Mr. J. N. Suryawanshi. The decisive factor in favor of the applicant was the nature of the offense and the stage of the investigation.

The court noted:

1. Documentary Basis: The alleged offense is based purely on documentary evidence. The forged birth certificate and other relevant documents are already in the custody of the police.
2. No Custodial Interrogation Needed: The court explicitly held that “custodial interrogation of the applicant is not required” for the purpose of further investigation, as the main evidence is already seized.
3. Presence Secured by Conditions: The court reasoned that the purpose of securing the accused’s presence for ongoing investigation and trial could be fulfilled by imposing conditions, such as directing the applicant to remain present before the investigating officer upon notice.

Given these circumstances, the judge determined that further detention of the applicant was not necessary.

Bail Conditions Imposed

The Criminal Bail Application No. 1144 of 2024 was allowed. Mujib Shafi Ahmed Khan was ordered to be released on bail upon furnishing a Personal Recognizance (P.R.) Bond of ₹25,000/- along with one or two sureties in the like amount.

The bail was granted subject to the following key conditions:

• Police Attendance: The applicant shall attend Shivaji Nagar Police Station, Mumbai, as and when required by the Investigating Officer on notice.
• No Tampering: The applicant must not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts, or tamper with evidence.
• Travel Restriction: He shall not leave India without the previous permission of the Court.
• Provisional Cash Bail: Provisional cash surety for eight weeks was allowed, granting the accused a period to arrange for a formal surety.

This order reaffirms that judicial custody is not justified when the investigation is based on documents already seized, and the accused’s presence can be ensured through stringent reporting conditions.