Case Note & Summary
The Bombay High Court considered two bail applications under Section 439 of the Code of Criminal Procedure, 1973, filed by Sachin Vasant Shelar (accused no.2) and Taha Hafi Kaii (accused no.1) in connection with Crime No.I-116 of 2018 registered at Chitalsar Police Station, Thane. The FIR alleged offences under Sections 419, 420, 406, 465, 467, 468, 471, 120B, 171 read with Section 34 of the Indian Penal Code, 1860; Section 4 of the Chit Funds Act, 1982; Section 66D of the Information Technology Act, 2000; and Section 3 of the Maharashtra Protection of Interest of Depositors Act (MPID). The case involved a chit fund scheme where the applicants were accused of cheating depositors by making false promises and misappropriating funds. The applicants were arrested on 4th June 2018 (Kaii) and 18th June 2018 (Shelar). Charge-sheet was filed on 31st June 2018 against accused nos.1 and 2, and a supplementary charge-sheet was filed on 9th October 2018 against accused no.3. The applicants sought bail primarily on the ground of parity, as co-accused Vikram Bangera had been granted bail by the Sessions Court. The State opposed bail, arguing that the applicants were involved in a large-scale fraud and that the investigation was ongoing. The court analyzed the role of the applicants, noting that the chit fund scheme was registered and that the applicants were not the masterminds. It found that the evidence did not prima facie establish cheating against the applicants. The court also considered that the applicants had been in custody for over two years, the investigation was complete, and there was no likelihood of tampering with evidence. Relying on the principle of parity, the court held that the applicants were entitled to bail, as there were no distinguishing features from the co-accused who had been granted bail. The court allowed both bail applications, directing the applicants to be released on bail on furnishing a PR bond of Rs.50,000/- each with one or two sureties, and imposed conditions including not tampering with evidence, not leaving the country without permission, and attending the trial regularly.
Headnote
A) Criminal Procedure - Bail - Section 439 CrPC - Parity - Applicants accused of offences under IPC, Chit Funds Act, IT Act, and MPID Act - Co-accused Vikram Bangera granted bail by Sessions Court - Applicants similarly placed - Held that applicants are entitled to bail on grounds of parity, as no distinguishing features exist (Paras 10-12). B) Chit Funds - Offences under Section 4 of Chit Funds Act, 1982 - Prima Facie Case - Allegations of fraudulent chit fund scheme - Court noted that the scheme was registered and applicants were not the masterminds - Held that prima facie case of cheating not made out against applicants (Paras 8-9). C) Information Technology - Offence under Section 66D of IT Act, 2000 - Cheating by personation using computer resource - Allegations of fake calls and messages - Court found no direct evidence linking applicants to such acts - Held that bail cannot be denied solely on this ground (Para 9). D) Maharashtra Protection of Interest of Depositors Act - Section 3 MPID Act - Depositors' interest - Applicants in custody since June 2018 - Investigation complete - No likelihood of tampering with evidence - Held that continued detention not warranted (Paras 11-12).
Issue of Consideration
Whether the applicants are entitled to bail under Section 439 of the Code of Criminal Procedure, 1973, considering the nature of allegations, evidence on record, and parity with co-accused who have been granted bail.
Final Decision
Both bail applications are allowed. Applicants Sachin Vasant Shelar and Taha Hafi Kaii shall be released on bail on furnishing a PR bond of Rs.50,000/- each with one or two sureties. Conditions: (i) not tamper with prosecution evidence; (ii) not leave India without permission; (iii) attend trial regularly; (iv) furnish address and contact details.
Law Points
- Bail under Section 439 CrPC
- Parity in bail
- Prima facie case
- Section 4 Chit Funds Act
- Section 66D IT Act
- Section 3 MPID Act
- Offences under IPC 419
- 420
- 406
- 465
- 467
- 468
- 471
- 120B
- 171
- 34
