23crn2520-10 1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2520 OF 2010 Imran Ibrahim Kazi. ..Applicant. Vs. The State of Maharashtra ..Respondent. .... Mr.Amin Solkar, Advocate for the applicant. Mr.K.V. Saste, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 2ND JULY, 2010 P.C. 1. Heard rival submissions at length on this application for regular bail preferred by the applicant for his release on bail during the pendency of the trial. Offence alleged against the present accused is punishable under Section 420 of Indian Penal Code. 2. According to the prosecution, it is a case of duping the first informant and cheating practiced on him by way of 23crn2520-10 2 luring him to give a job and such cheating was practiced by way of use of electronic media by way of sending different emails to the complainant and asking him to deposit various amounts such as application money, money for no-objection certificate, money for visa etc.. Apparently the first informant, who was in search of job came across some website as careerbuilder.com. It happened sometime in the month of May, 2009. Thereafter through other chain of such luring emails communication to the present complainant started. He was asked to meet certain persons for giving some amount and his documents regarding education qualification and experience etc.. Various emails were sent to him by one Smith Bright from some other email address and subsequently the said email address was changed and one absconding accused met the complainant at some hotel at Thane. According to the complainant on different occasions, he deposited various amounts in various bank account numbers which were communicated to him through various 23crn2520-10 3 emails. Admittedly the name of the present applicant had not figured in any such email correspondence and admittedly there was no any bank account either in his own name or either in some fictitious name so far as the present applicant is concerned though there are various bank accounts opened in the name of the other co-accused by names Roshan, Sangita, who are already in custody and one Bhavanishankar and Shakir Sikandar who are absconding. Totally there are allegedly nine accused persons and out of them four are already arrested including the present applicant and five are still not traceable. 3. It is submitted by the learned APP for the State, on instructions from the I.O., that the name of the present applicant accused was revealed through interrogation of the co-accused and there is alleged recovery of cash amount of Rs.25,000/- from the present applicant through his hotel premises and it is the recovery purported to be under Section 27 of the Evidence Act. Admittedly, at least at this stage, apart 23crn2520-10 4 from the statement of the co-accused and the recovery of Rs. 25,000/- at the instance of the present applicant, there is nothing so as to substantiate the charges leveled against him so far as the offence of cheating is concerned. The present applicant is arrested on 23.2.2010. As mentioned earlier, the chargesheet has already been filed against the four accused, including the present applicant, who are already arrested whereas five accused are mentioned as absconding. 4. Still considering the gravity of the alleged offence of cheating and deceiving the first informant of Rs.7 lakh out of some email transactions, considering the available material as against the present applicant, he can be released on bail on imposing certain conditions. Hence order :- :: O R D E R :: [i] Criminal Application No.2520 of 2010 for regular bail is allowed; [ii] The applicant/accused - Imran Ibrahim Kazi 23crn2520-10 5 shall be released on bail on his executing a P.R. bond in the sum of Rs.15,000/- (Rs.Fifteen Thousand Only) with one surety for the like amount. [iii] On availing the bail, as above, the applicant shall attend the Kopari police station, Thane on every Monday and Friday between 10:00 a.m. to 12:00 noon till the conclusion of the trial. [iv] The trial Court shall not be influenced by any observations made in this order so far as the merits of the case are concerned. (A.R.JOSHI,J.)