Final Order 1

Pdf Text: IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS,
62nd COURT, DADAR, MUMBAI.
C.C.No. 1495/PW/2025 (CR. No. 156/2025)
ORDER BELOW BAIL APPLICATION No. 1190/BA/2025
Application moved by accused Mohd Salman Sultan Rizwi.
Contention of the accused that, he is arrested on 04/10/2025 and more
than two months he is in jail. Investigation is over. Charge sheet is filed. He
is falsely implicated in present matter and has no concern with the alleged
offence. Further, he is permanent resident in Mumbra, Thane and he
requested for his release on bail. He have contended that he is only earning
member of his family and undertakes that he will obey all conditions if
imposed by the Court while granting bail.
2. Investigating Officer and Ld. APP raised strong objection for grant of
bail. It is contended that offence is serious in nature and non-bailable.
Furthermore, investigation is in progress. As per contention of I.O and Ld.
APP there is evidence to show involvement of present accused, if he is
released on bail, he will tamper with evidence and will abscond, so he
requested to reject this application.
3. Heard
4. In the light of arguments gone through record. Crime is registered
for the offences punishable under Sections 319 (2), 318 (4), 336 (2),
336(3), 338, 340(2), 3 (5) of B.N.N.S r/w 66 D of I.T. Act. As per FIR, in
between 17/08/2025 to 17/09/2025 Neha Iyer contacted informant and
pretended that, she is representative of Nomurux Share market Company.
She prepared false virtual trading account of the informant and shown
false profit incurred on purchase and sell of shares. She induced informant
to transfer an amount of Rs. 41,65,111/- into various bank accounts and
cheated the informant. Hence he lodged report. In investigation it reveals
that, out of total fraud amount of Rs. 41,65,111/- of informant an amount
of Rs. 15,00,000/- was credited into Yes Bank account No.
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127661900000837. It is undisputed that said bank account belongs to
present accused. Further, he with collusion of wanted accused used said
bank account to transfer cheated amount of the informant. Further, as per
say of investigating officer in police custody accused stated that, his friend
Ali Raza Khetani introduced him with Punjani Zahidali Gulam Abbas. On
say of said Zahidali he opened abovesaid bank account in the name of
Saleeza Enterprises and linked his mobile number. They took one office on
rent at S 100, Haware Fantasia, Multiplex Entertainment Complex, Sector
30 A, Plot No. 47, Vashi for buisness of dry fruit and executed agreement.
Then, present accused gave his bank account to wanted accused Zahid on
commission. This prima facie involvement of the accused in commission of
offence is seen. Admittedly, offence is serious in nature and related to
deception of first informant for an amount of Rs. 41,65,111/-.
05. As per police report there is evidence to show involvement of present
accused in commission of offence, however, it cannot be ignored that, since
arrest i.e. 04/10/2025 means more than two months the accused is in jail. All
offences are triable by this Court. There is no justifiable reason to detain the
accused in custody for indefinite period. Hence, accused is released on bail on
his furnishing P.B. and S.B. of Rs.1,00,000/- (Rs. One Lakh only) alongwith
bank guarantee in like amount subject to conditions;
i) He shall furnish his and 2 close relatives address proof.
ii) In lieu of S.B., Provisional cash security is granted to accused.
(Nilesh N. Dhend)
Judicial Magistrate First Class
Date: 08/12/2025 62nd Court, Dadar, Mumbai.
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