Mumbai, Maharashtra – March 15, 2024 – Mohammed Ilyas Yakub Momin, a 40-year-old businessman from Sangli, has had his bail application rejected by the Sessions Court for Greater Bombay in connection with a forgery and cyber fraud case registered at the Nodal Cyber Police Station.

Background of the Case:

Momin was arrested and charged under sections 419 (cheating by personation), 420 (cheating), 465 (forgery), 467 (forgery of valuable security), 468 (forgery for purpose of cheating),¹ 469 (forgery intended to harm reputation), 471 (using as genuine a forged document), and 120(b) (criminal conspiracy) of the Indian Penal Code (IPC), as well as sections 66(C) (identity theft) and 66(D) (cheating by personation by using computer resource) of the Information Technology Act,² 2000, in connection with C.R. No. 11/2023.

The prosecution alleged that Momin created a forged email account in the name of the Personal Secretary to the Deputy Chief Minister and used it to send forged correspondence regarding the transfer of government officers. These forged letters also bore the forged signature of the Deputy Chief Minister. During the investigation, forged letters, medical certificates, and letters of recommendation bearing the forged signatures of political leaders and ministers were recovered from Momin.

Arguments Presented:

Momin, through his advocate L.H. Atar (represented by Sudeep Pasbola), argued that he was innocent and falsely implicated in the case. He stated that he had undergone custodial interrogation, nothing was to be recovered from him, he was a respectable member of society, the charge sheet had been filed, and the investigation was complete. He also argued that witnesses did not state they paid money to him and that only a mobile handset was recovered.

The prosecution, represented by Additional Public Prosecutor (APP) Iqbal Solkar, opposed the bail application, arguing that the investigation was not complete, Momin might flee from justice, and he might threaten witnesses or tamper with evidence.

Court’s Decision and Rationale:

Additional Sessions Judge Rajesh A. Sasne rejected Momin’s bail application. The court considered the following factors:

• Forged Documents and Signatures: The court noted the recovery of forged letters and documents bearing the forged signatures of ministers, including the Deputy Chief Minister.
• Witness Statements: The court highlighted the statements of witnesses who described Momin’s involvement in arranging transfers, demanding money, and providing forged letters of recommendation.
• Active Role: The court found sufficient evidence to suggest that Momin played an active role in the alleged offenses.
• Gravity of Offense: The court emphasized the serious nature of the offenses, including forging the signature of the Deputy Chief Minister and manipulating government administration.
• Tampering and Flight Risk: The court expressed concerns that Momin might tamper with evidence or flee from justice if released on bail.

Key Points from Witness Statements:

• Witnesses stated that Momin demanded money for arranging transfers and provided forged recommendation letters.
• Witnesses provided evidence of Momin forwarding forged letters bearing the signature of the Dy Chief Minister.
• Witnesses stated that Momin assured them that he would get their transfers done.

Significance of the Decision:

This decision underscores the court’s consideration of witness statements and the recovery of forged documents when determining bail applications in forgery and cyber fraud cases. The court’s decision to deny bail reflects its assessment of the seriousness of the offenses and the potential risk of evidence tampering or flight. The court placed significant weight on the witness statements that directly implicated the applicant in the alleged crimes.