The Sessions Court for Greater Bombay has granted regular bail to Ashishkumar Mungeshwar Mahato, one of the accused in a complex case involving an alleged job consultancy scam that promised employment abroad. The decision was based on the completion of the investigation and the belief that pre-trial incarceration was no longer necessary.
Additional Sessions Judge Rajesh A. Sasne (Court Room No. 30) issued the order on April 20, 2024, releasing Mahato on a Personal Bond (P.B.) and Surety Bond (S.B.) of Rs. 30,000/− with one or two sureties.
The Multi-Section Fraud Case
Ashishkumar Mungeshwar Mahato was arrested in connection with C.R. No. 66/2023 registered with DCB CID Unit-5 (corresponding to C.R. No. 239/2023, MR.A. Marg Police Station). The accused faces charges under numerous sections, including:
- IPC: Sections 420, 409, 465, 467, 468, 471, 120(B) (Cheating, Criminal Breach of Trust, Forgery, and Criminal Conspiracy).
- Indian Immigration Act: Sections 10, 24.
- Passport Act: Section 12(1)(B).
- Information Technology Act, 2000: Sections 66(C), 66(D) (Identity Theft and Cheating by Personation).
Prosecution’s Allegations
The case involves allegations that the accused and others started a “Bombay International Consultancy” business, promising jobs in foreign countries, such as Pasha Construction in Azerbaijan. The informant, Bharat Shantaram Koli, was given a forged offer letter and an apparently correct Visa link, leading him to transfer money for air tickets. Later, the agency closed down, the Visa was found to be duplicate, and the candidates realized they had been deceived.
The investigation led to Mahato’s arrest on October 30, 2023. The prosecution opposed the bail application, expressing apprehension that the accused might flee, threaten witnesses, or tamper with evidence.
Court Finds Detention Unwarranted
The Sessions Judge noted that Mahato has been in custody since late October 2023. Crucially, the court found that the charge-sheet has already been filed and the investigation is completed.
Regarding a key piece of evidence, the court observed:
- The prosecution alleged the recovery of
passports from the applicant’s house.
- However, the court noted that these passports “are not the forged passport” and that their recovery was “natural” given the consultancy’s business of obtaining passports for necessary formalities to secure foreign jobs.
The court concluded that “Pre-trial incarceration is not warranted” and that imposing reasonable conditions would suffice to secure the accused’s presence during the trial.
Conditions of Release
Ashishkumar Mahato was released subject to the following conditions:
- The applicant shall not tamper with the prosecution witnesses and evidence in any manner.
- The applicant shall attend the concerned police station once in a month for the next three months.
- He must regularly attend the dates of hearing of the case, unless exempted by the trial court.
- The applicant shall not leave India without the prior permission of the Court.