The Additional Chief Metropolitan Magistrate (CMM) of the Esplanade Court has, for the second time, rejected the bail application filed by a Sangli-based man, Mohammed Ilyas Yakub Momin, who was arrested in October 2023 for allegedly forging the signature of the then Deputy Chief Minister of Maharashtra, Devendra Fadnavis. The accused is also alleged to have created a fake email address impersonating the Deputy CM’s personal secretary and used it to send forged transfer letters to several government employees.
While rejecting the bail, the court observed, “In this case, the accused has been arrested for a very serious offence—committing forgery of the signature of the Deputy Chief Minister of the Government of Maharashtra. He also forwarded false emails and letters recommending the transfer of some employees. The record also shows that there were some monetary transactions. The accused dared to forge the signature of the Deputy Chief Minister and handed over forged letters to some Members of the Legislative Assembly, recommending transfers of government employees and officers. Since previous bail applications have already been rejected by this Court, and there is no change in circumstances, the present application cannot be allowed.”
The advocate appearing for Momin argued for bail under the provisions of Section 437(6) of the Code of Criminal Procedure, stating that if all offences are triable by the magistrate’s court and the trial is not concluded within 60 days from the first date fixed for taking evidence, the accused—if in custody for the entire period—should be released on bail.
In response, the court stated, “There is no dispute regarding the said provision. However, although the word ‘shall’ has been used in the section, it is not mandatory; it is directory.”
According to the prosecution, Momin was arrested by the cyber police. Opposing the bail plea, the prosecution submitted, “The accused created a false email ID of the personal secretary of the Deputy Chief Minister of Maharashtra and used it to forward fake letters regarding employee transfers. He used fabricated letters and signatures of the Deputy Chief Minister and other ministers and MLAs. The Investigating Officer has examined a total of 63 witnesses to establish the guilt of the accused. Considering the documents on record, it appears that ample evidence is available against the applicant.”
