Imran Issak Shaikh vs. The State Of Maharashtra

Held

The Court dismissed both bail applications. Regarding Swati, the Court found that she had actively participated in the well-planned crime by opening bank accounts in the names of domestic servants and her sister and allowing the main accused to operate them without their knowledge. The Court noted that passbooks were with her and she knew the main accused was operating these accounts. The prosecution had evidence of money extraction by co-accused misusing their police power and transferring funds to these accounts, with evidence of withdrawals. The Court considered the gravity of the offense, which involved dishonest intention to cheat and a misuse of police authority, as a significant factor. Therefore, the case of Krishna Damani was deemed not applicable. For Imran, the Court noted his active participation in the crime, his knowledge of the offense, and his role in introducing co-accused as GST officers. His past conduct, including a departmental inquiry for similar conduct, was also considered. The Court found sufficient evidence to believe it was a dishonest intention to cheat people and a black mark on the police machinery. Consequently, both applications were dismissed.

Facts

These are two bail applications filed by Imran Issak Shaikh and Swati w/o. Roshan Patil. The applicants are accused in C.R.No.02 of 2024, registered at Azadnagar Police Station, Dhule, for offences including cheating and criminal conspiracy under the Indian Penal Code. The prosecution alleges that the applicants, in collusion with others, impersonated GST officers and extorted money from owners of goods transport vehicles by threatening them with GST non-payment charges. Swati, a bank employee, allegedly facilitated the crime by opening bank accounts in the names of her domestic servants and sister, which were then used to deposit the extorted money. Imran, a driver, allegedly introduced co-accused as GST officers and actively participated in the crime. Both applicants have been in custody since January 2024.

Key Issues

1. Whether the role attributed to the applicant, Swati, warrants her continued detention, considering her employment at a bank and the alleged opening of accounts for domestic servants and her sister to facilitate the extraction of money under the guise of GST non-payment. - Petitioner's Argument (Swati): Her role was limited to opening accounts as part of her job, and she was not the beneficiary of the extorted money. She has a young child requiring her care, no prior criminal record, and roots in Nashik, making her unlikely to abscond. The offences are triable by a Magistrate, and further custody is not essential, citing Krishna Damani v. State of West Bengal. - Revenue's Argument (State): Swati was aware that her brother was operating the accounts to extract money and knowingly allowed a third party to operate them. She is a beneficiary of the extracted money, and the investigation is ongoing to uncover similar offenses. The gravity of the offense and her active role, including facilitating the deposit and withdrawal of illicit funds, outweigh the grounds for bail. 2. Whether the applicant, Imran, who was a driver, should be granted bail, given his alleged role in introducing co-accused as GST officers and actively participating in the crime. - Petitioner's Argument (Imran): As a subordinate, he was merely following instructions from his seniors while driving the vehicle for patrolling and had no active role in the crime. - Revenue's Argument (State): Imran actively participated in the crime, had knowledge of the offense, and was in contact with co-accused. His past conduct is also unfavorable, having been held guilty in a departmental inquiry for similar conduct.