Sarojkumar Mahendra Singh v. State of Maharashtra
In the High Court of Bombay
B.A. 3075/2019
Before Justice S.K. Shinde
Decided on January 07, 2020

Relevancy of the Case: Bail application in a case involving fraudulent transfer of money from the complainant’s account

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66C, 66D)
• The Indian Penal Code, 1860 (Section 34, 420)

Relevant Facts of the Case

• The applicant had allegedly siphoned off the complainant’s money from their portal. The complainant used the portal to transfer money to its retailers.
• The authorities seized the applicant’s mobile handset with multiple SIM cards. They also recovered a sum of the total amount, which was transferred to various persons.
• The applicant was in custody and presented the bail application before this court.

Prominent Arguments by the Advocates

• The applicant’s counsel argued that there are no criminal antecedents against the applicant. The investigation is also over, and therefore, there is no need for custodial interrogation.

Opinion of the Bench

• The offences are punishable by imprisonment of not more than seven years, and the applicant’s presence can be ensured by imposing conditions.
• Therefore, the court leaned in favour of granting the bail to the applicant.

Final Decision

• The court allowed the bail application.