Raj Jaswant Damania v. State of Maharashtra
In the High Court of Bombay
Cr. B.A. 3028/2017
Before Justice A. S. Gadkari
Decided on February 23, 2018

Relevancy of the case: Bail application in a case involving misappropriation of money by hacking the computer system of a bank.

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66C)
• The Indian Penal Code, 1860 (Sections 120B, 420, 465, 467, 468, 471)
• The Code of Criminal Procedure, 1973 (Section 439)

Relevant Facts of the Case

• The applicant along with other accused persons allegedly hacked the computer system of the Bank of Maharashtra and transferred ₹ 1,34,90,000/- using a specific computer application.
• He used an application named “UPI App” to commit the misappropriation and defalcation of the amount.
• The applicant is a beneficiary in the amount of ₹4,00,000/- from the abovementioned crime and was arrested on June 9, 2017, after completion of investigation and filing of charge sheet by Economic Crime Wing, Crime Branch (Thane).
• Thus, the application requesting bail is filed by him.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that another co-accused name Jugal Rajendra Shah who was beneficiary of ₹2,00,000/-, was granted bail on the condition that he deposited the amount to the magistrate and the current applicant is also willing to submit the amount of ₹4,00,000/-.

Final Decision

• Application allowed.
• Bail granted subject to certain conditions.

This case summary has been prepared by Neelangini Tiwari, an undergraduate student at Kirori Mal College, DU, during her internship with The Cyber Blog India in January/February 2021.