Imran Isak Shaikh vs. The State Of Maharashtra

Facts

The applicant, Imran Isak Shaikh, sought regular bail in connection with a crime registered for offences under various sections of the Indian Penal Code, including cheating and impersonation. The FIR was lodged by an informant who manufactures machinery. The informant reported that his truck, carrying machinery worth Rs. 24,00,000/-, was intercepted by individuals posing as Sales Tax Officials. The informant was allegedly coerced into paying Rs. 1,30,000/- online as penalty to secure the release of his truck. The applicant was arrested on January 31, 2024, and the chargesheet was filed on March 29, 2024. The applicant's role, as alleged, was driving the vehicle in which the purported Sales Tax Officials were present, and he did not interact directly with the informant. The applicant has been in custody for approximately one year.

Held

The Court allowed the bail application of Imran Isak Shaikh. The Court noted that the applicant's role was limited to being the driver of the vehicle in which the alleged Sales Tax Officials were present, and he did not have direct interaction with the informant. This fact was not refuted by the learned Additional Public Prosecutor. The Court also considered that the investigation was complete, and the chargesheet had been filed. Crucially, the Court took into account that a co-accused, although a lady, had been granted bail by the Hon'ble Apex Court on August 30, 2024, on grounds of parity. Given that nothing further was to be recovered or discovered from the applicant, and there was uncertainty regarding the framing of charges and the subsequent trial, the Court found no plausible reason for the applicant's continued custody. Therefore, the applicant was released on bail upon executing a personal bond of Rs. 15,000/- with one surety in the like amount, with a condition not to tamper with prosecution evidence. The issue of the exact role of the applicant beyond driving was not explicitly decided but inferred from the lack of refutation by the prosecution.

Key Issues

1. Whether the applicant, Imran Isak Shaikh, is entitled to regular bail given his period of custody and the stage of investigation, particularly considering the allegations of cheating and impersonation under Sections 409, 419, 420, 467, 468 of the IPC? Petitioner's arguments: The applicant has been in custody for nearly a year since his arrest on January 31, 2024. The chargesheet has already been filed, and nothing further needs to be recovered or discovered from him. The primary allegation against the applicant is that he was the driver of the vehicle used by the alleged impersonators and did not interact with the informant. Furthermore, a co-accused, despite being a lady with children, has been granted bail by the Hon'ble Apex Court on grounds of parity, making a similar plea for the applicant. Respondent's arguments: The State opposed the bail application, citing the seriousness of the offence where the informant was cheated and made to transfer a significant amount online. The applicant was allegedly involved in the episode. While acknowledging that a co-accused was granted bail by the Apex Court, the State argued that the ground of parity is not available to the present applicant as the co-accused was granted bail due to her gender and maternal circumstances.