Fake Bail Bond Scam: CBI INFORMS HC : ‘Chargesheet against four in rly bail bond scam by month-end’

Mumbai: The Central Bureau of Investigation (CBI) on Tuesday told the Bombay high court that it will file a chargesheet against four Railway Protection Force (RPF) personnel in the fake bail bond scam by month-end.

A division bench of Justices A M Khanwilkar and K K Tated was informed by additional solicitor general Kevic Setalvad that although the CBI has identified 23 persons, it has sufficient evidence against nine RPF personnel. “We require to sanction against five under Prevention of Corruption Act. We shall file a chargesheet against the remaining four by January 31,” he said. He further said one of the four persons, who was the overall incharge of the RPF, was the “main perpetrator” of the scam.

Setalvad also told the court that with regard to the remaining 14 persons, loose ends need to be tied up as evidence was destroyed after a fire in 2010. “Do whatever is possible,” said Justice Khanwilkar. The judges, in their order, said they hope the authorities concerned will grant sanction for prosecution of the five RPF personnel expeditiously and within reasonable time. Adjourning the hearing to February 11, they directed the investigating officer to file a further compliance report by then.

The HC was hearing a PIL, filed by Sameer Zaveri of Railway Suburban Passengers Association, stating that the RPF personnel posted at Kurla station during 2008-2009 booked commuters for trespassing and crossing tracks and released them on fake cash bail bonds, hence misappropriating the money. In August 2011, the HC handed over the probe to the CBI. The HC had at the earlier hearing rapped the CBI for dragging its feet in probe and seeking adjournments.
Courtesy:
Rosy Sequeira TNN
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Speak Asia scam accused allowed to record interrogation

The Bombay High Court has passed an order allowing one of the main accused in the Speak Asia scam to have his police interrogation video recorded – a decision that could have farreaching implications for public prosecutors arguing against anticipatory bail applications (ABA) filed by alleged criminals.

When ABAs come up for hearing, the most common argument public prosecutors make is that the accused had not been cooperating with investigations, making custodial interrogation necessary.

But last week, Justice Abhay Thipsay of the Bombay HC acceded to the request made by Ashok Bahirwani, the General Secretary of the All India Speak Asia Panel lists’ Association, giving him a chance to prove that he had, in fact, been cooperating with the Economic Offences Wing (EOW) of the Mumbai Police,which is investigating the scam.

If Justice Thipsay’s order sets a precedent, cops could soon be dealing with private video cameras inside police stations, to go with the regular media posse outside.

Speak Asia allegedly duped over 12 lakh investors to the tune of Rs 1,300 crore, by assuring them lucrative returns through a multi-marketing pyramid model. Bahirwani, one of the main accused, is facing charges of cheating, criminal breach of trust and criminal conspiracy.

The EOW had been calling Bahirwani for interrogation for the past few months,and finally accused him of not cooperating. In October this year, Bahirwani wrote a latter to the EOW, specifically asking what kind of cooperation he was expected to extend, but the EOW served him a notice saying he could be arrested within 72 hours.

It was at this point that Bahirwani firstfiledforanticipatorybailintheSessions Court, which rejected his application on November 1. At the same time, he was directed to present himself at the EOW’s office at the Mumbai Police Headquarters while investigations were on.

Bahirwani claims he did this; but whenheapproachedtheHighCourtto appeal against the sessions court decision to reject his bail, the EOW again alleged that he had not been cooperating with them. It is then that Bahirwani’s lawyers came up with their unique request. Advocates Shrikant Bhat and Ahmad Abdi asked that their client’s interrogation be recorded to counter the constant allegations levelled by at him by the EOW.

Special Public Prosecutor P D Gharat did not oppose the request, and Justice Thipsay passed the order, allowing interrogation to be recorded “at the expense of the applicant”.

Interestingly, ever since Justice Thipsay’s order on December 7, the EOW hasn’t called Bahirwani in for interrogation. The court is likely to hear his anticipatory bail application again on Monday.

Courtesy:
Sunil.Baghel@timesgroup.com
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