Sameer Ahmed Hussain Khan @ Rizwan ... vs State Of Maharashtra
2023 Latest Caselaw 710 Bom

                             Urmila Ingale                                     4. ba 184.22.doc


URMILA by
          Digitally signed
          URMILA
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION
       PRAMOD
PRAMOD INGALE
       Date:
INGALE 2023.01.19
          14:31:22 +0530



                                         BAIL APPLICATION NO. 184 OF 2022

                             Sameer Ahmed Hussain Khan @
                             Rizwan Khan                              ..Applicant
                                  VS.
                             The State of Maharashtra                 ..Respondent

                                                       ------------

                             Mr. Pramod G. Kathane a/w Mr. Anjaykumar Kori, Mr.
                             Samyak A. Bhatkar, Ms. Pooja V. Kamble, for the Applicant.
                             Ms. P. N. Dabholkar, APP for the State.

                                                       ------------

                                                    CORAM : M. S. KARNIK, J.

                                                    DATE     : JANUARY 19, 2023

                             P.C. :

                             1.     Heard learned counsel for the applicant and learned

                             APP.

                             2.     This is an application for bail in respect of C.R.No. 42

                             of 2021 dated 16/08/2021 registered with Cyber Police

                             Station, South region, for the offence punishable under

                             sections 419, 420, 34 of the Indian Penal Code, 1860

                             ("IPC", for short) and sections 43, 66, 66(c), 66(d) of the

                             Information Technology Act, 2000.

                                                                                            1/4
 Urmila Ingale                                 4. ba 184.22.doc


3.    The incident is dated 14/08/2021 registered with the

Cyber Police Station, South Mumbai in respect of C.R.No. 42

of 2021. The prosecution case is that the applicant along

with other co-accused conspired to commit online fraud

thereby unauthorisedly hacking deceased persons' bank

account in bank of Bahrain and Kuwait, Branch at Mumbai

and by fraudulent transaction transferred an amount of Rs.

5,09,78,742/- from the account of       deceased persons

particularly Shamshad Hussain and Prithviraj Sethi and

Jagdish Sodah. On the basis of FIR lodged by the informant

-Vice President of the said bank, applicant-Sameer, co-

accused- Prabhansu and Dinesh came to be arrested.

4.    It is the contention of the learned counsel for the

applicant that the main accused is one Mr. Ravi Raje who is

accused no.1. It is contended that the applicant is not the

beneficiary of the said amount.    In the account of the

applicant, an amount of Rs. 45 lakhs was deposited.

However, the same was transferred by NEFT. According to

the applicant account is opened at the instance of Ismail

who has recently been arrested.   An amount of Rs. 1 lakh


                                                           2/4
 Urmila Ingale                                     4. ba 184.22.doc


came to the credit of the application.

5.    Be that as it may, the offence which alleged against

the applicant is punishable with maximum sentence of

imprisonment upto 7 years. The applicant was arrested on

17/08/2021 and is now in custody for more than 1 year and

5    months.    The   charge-sheet   has   been     filed.   The

investigation is complete.    There is no possibility of trial

concluding any time soon. Furthermore, co-accused Dinesh

and Prabhansu have been granted bail by the Sessions

Court and the role of the applicant is more or less similar to

that of those co-accused.

6.    Considering that the trial will take a long time to

conclude and charge-sheet has been filed, the applicant can

be enlarged on bail. There is a criminal antecedent against

the applicant where he was charged for the offence under

section 302 of the IPC.     By the judgment and order dated

20/01/2007, the applicant came to be acquitted.              The

applicant is therefore enlarged on bail. Hence, the following

order.




                                                               3/4
 Urmila Ingale                                         4. ba 184.22.doc


                          ORDER

(a) The application is allowed.

(b) The applicant - Sameer Ahmed Hussain Khan @ Rizwan Khan in connection with C.R. No. 42 of 2021 registered with Cyber Police Station, South Mumbai shall be released on bail on furnishing P.R. bond in the sum of Rs.50,000/- with one or more sureties in the like amount.

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant should not tamper with evidence.

(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer of the concerned Police Station and shall keep him updated, if there is any change

(f) The applicant shall report to the Investigating Officer twice a month i.e. on 1st and 3rd Monday of every month between 11.00 am and 1.00 pm.

7. The application is disposed of.

(M. S. KARNIK, J.)