Saif Sami Damad v. State of Maharashtra

Khilansha MukhijaCase Summary

Bail application in a case involving job fraud in the name of Fly Dubai Airlines

Saif Sami Damad v. State of Maharashtra
In the High Court of Bombay
B.A. 1517/2019
Before Justice S.K. Shinde
Decided on December 11, 2019

Relevancy of the Case: Bail application in a case involving job fraud in the name of Fly Dubai Airlines

Statutes and Provisions Involved

  • The Information Technology Act, 2000 (Section 65, 66D)
  • The Indian Penal Code, 1860 (Section 406, 420, 468, 471, 467, 465, 34)

Relevant Facts of the Case

  • The applicant offered the complainant a cabin crew job with Fly Dubai Airlines. He emailed the complainant about his selection through Dax Recruiter Consultancy COmpany.
  • Over time, he made the complainant deposit a total of ₹7.5 lakhs, causing him a substantial financial loss.

Prominent Arguments by the Advocates

  • The applicant’s counsel argued that the prosecution could not establish a link between the applicant and the person whose account the amount was deposited. Moreover, the applicant transferred all the money to the complainant’s account.

Opinion of the Bench

  • Significantly, the applicant refunded the said sum to the complainant.
  • There was no established link between the applicant and the person in whose account the amount was deposited.

Final Decision

  • The court accepted the bail application.