IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3481 OF 2008 CRIMINAL APPLICATION NO. 3481 OF 2008 CRIMINAL APPLICATION NO. 3481 OF 2008 Asif Jayadi Mirza ...Applicant vs. The State of Maharashtra ...Respondent Mr.Amin Solkar for the Applicant. Mr.Rajesh More, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 6, 2009 DATED : JANUARY 6, 2009 DATED : JANUARY 6, 2009 P.C. :- P.C. :- P.C. :- 1. The applicant has been arrested in connection with an offence punishable under Sections 420, 468, 471 read with 34 of the IPC. 2. It is the prosecution case that the applicant had prepared bogus credit cards by using an electronic device called the skimmer. The prosecution case is that the present applicant had procured this device and had given it to other co-accused Vasim Patel who was an employee working in a hotel. The modus operandi of the applicant and Vasim Patel, according to the prosecution, was that Vasim Patel used the skimmer on the credit card transaction between the customers who had come to the - 2 - restaurant and on that basis, forged, fabricated and bogus credit cards were prepared by the present applicant and thereafter, those credit cards were used in different transactions. In this manner, an amount of more than Rs.10 lakhs was defalcated by accused nos.3 to 8. The police have recovered the skimmer and other electronic equipment which were used by the present applicant alongwith 14 bogus credit cards which were procured by them. 3. Counsel for the applicant submits that chargesheet has been filed and the applicant is in jail since 26th June, 2008 and therefore, it was not necessary to detain the applicant endlessly during the pendency of the trial. He invited my attention to the judgment of the Apex Court in the case of Sandeep Jain Sandeep Jain Sandeep Jain vs. National Capital Territory of Delhi rep. by vs. National Capital Territory of Delhi rep. by vs. National Capital Territory of Delhi rep. by Secretary, Home Deptt., reported in 2000 Cri.L.J. 807 Secretary, Home Deptt., reported in 2000 Cri.L.J. 807 Secretary, Home Deptt., reported in 2000 Cri.L.J. 807 and also the judgement of the Apex Court in the case of Chandraswami and another v. Central Bureau of Chandraswami and another v. Central Bureau of Chandraswami and another v. Central Bureau of Investigation, reported in 1997 Cri.L.J. 3124 Investigation, reported in 1997 Cri.L.J. 3124 Investigation, reported in 1997 Cri.L.J. 3124. He also relied on the judgment of the Apex Court in the case of - 3 - Ashok Dhingra vs. N.C.T. of Delhi, reported in (2000) Ashok Dhingra vs. N.C.T. of Delhi, reported in (2000) Ashok Dhingra vs. N.C.T. of Delhi, reported in (2000) 9 SCC 533. 9 SCC 533. 9 SCC 533. 4. The learned APP has filed a detailed affidavit-in-reply in which it is stated that the applicant was the main brain in the offence which was committed by the accused. It is further stated that if the bail is granted, the applicant is likely to abscond. 5. Looking to the seriousness of the offence committed by the applicant and the fact that the skimmer and other electronic equipment which were used for the purpose of creating bogus credit cards, in my view, no case is made out for grant of bail. From the recovery of the electronic equipment and the bogus credit cards, it is obvious that the applicant is the main brain behind the said offence. There is every possibility that if the applicant is released on bail, he may abscond. As it is, the persons who are involved in the said offence are still absconding and are yet to be arrested. - 4 - 6. Hence, the application for bail is rejected. The judgment on which reliance is placed by the applicant will not be of any assistance since the facts in the said case are different. Liberty is granted to the applicant to apply for bail before the trial court after expiry of six months if the trial is not over by that period. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)