The Sessions Court for Greater Mumbai has granted regular bail to Mr. Aslam Noor Mohammad Shaikh, a businessman accused in a cheating and forgery case, after finding his involvement was limited to acting as an agent.

Additional Sessions Judge Shri A. A. Kulkarni (C.R. No.22) issued the order on April 2, 2024, releasing Shaikh on a Personal Recognizance (P.R.) Bond of Rs. 25,000/− with one or two sureties of the like amount.

The Cheating Allegations

The accused was arrested in connection with C.R. No. 1100/2023, registered at Shivaji Nagar Police Station for offences under Sections 420 (Cheating), 465 (Forgery), 471 (Using as genuine a forged document), and 504 (Intentional insult) read with 34 (Common intention) of the Indian Penal Code.

The First Information Report (FIR) alleged that the main accused, Mehajabin Fatima, along with the applicant, misrepresented that Fatima was the owner of Room Nos. 702 and 703 in a MHADA Colony. They allegedly received a heavy deposit of Rs. 3,00,000/− from the informant, subsequently let the rooms out to other persons, and failed to return the informant’s money.

Court Finds Applicant Was Not the Beneficiary

The defense counsel, Mr. M. S. Pathan, argued that Shaikh was falsely implicated, had no direct involvement in the alleged offence, and that the case was registered solely to recover the amount.

The prosecution and Investigating Officer opposed the bail, citing the possibility of tampering with evidence or absconding.

Judge Kulkarni, after reviewing the submissions and the prosecution’s ‘say’ (reply), observed:

• “From the say of prosecution it appears that, applicant has acted as agent only.”
• “Main role is played by other accused.”
• “Applicant is not beneficiary of the transaction.”

Based on these findings, the court concluded that Shaikh’s further detention was not required and that he was entitled to be released on bail with conditions to secure his presence during the trial.

Conditions of Release

Aslam Noor Mohammad Shaikh was granted bail subject to the following conditions:

• The applicant shall attend Shivaji Nagar police station on notice of the Investigating Officer.
• He is strictly warned not to directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade them from disclosing facts to the Court or police.
• The applicant must furnish his residential address proof and contact numbers to the Investigating Officer.

Criminal Bail Application No. 834 of 2024 was disposed of accordingly.