Mahesh Dnyaneshwar Khairnar v. State of Maharashtra
In the High Court of Bombay
ABA 1452/2021
Before Justice Prakash D. Naik
Decided on December 03, 2021

Relevancy of the case: Anticipatory bail application in a case involving the misuse of a Tahsildar’s password for the Pradhan Mantri Kisan Sanman Nidhi Scheme

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 43, 66, 66C)
• The Indian Penal Code, 1860 (Section 420)

Relevant Facts of the Case

• The police has registered FIR under Section 420 of the Indian Penal Code, 1860 and Sections 43, 66 and 66C of the Information Technology Act, 2000 against the applicant.

Prominent Arguments by the Advocates

• The prosecution argues that the Pradhan Mantri Kisan Sanman Nidhi Scheme registration was initially opened on an online portal through Common Service Centres upon Tahsildar’s approval. However, registration stopped, and the approval window closed in January 2021. Nonetheless, unauthorised registrations occurred using the Tahsildar’s login and password, targeting ineligible individuals for the scheme. The accused made false promises to illiterate villagers, handed over documents, and accepted payments ranging from ₹400 to ₹600. The FIR indicates that the applicant collected documents from the co-accused and received money from villagers.

Opinion of the Bench

• Considering the factual aspects, the court can grant interim protection to the applicant.

Final Decision

• The court accepted the bail application with standard conditions.

Aditi Mangesh Sawant, an undergraduate student at NMIMS Kirit P Mehta School of Law, Mumbai, prepared this case summary during her internship with The Cyber Blog India in January/February 2024.