Bombay High Court Grants Bail to Accused in Land Scam Defrauding Over 200 People

In a recent development, the High Court of Bombay has granted bail to Govind Chedilal Vishwakarma, who stands accused of defrauding 214 individuals of ₹2 crore in a land scam purportedly involving plots in Kashmira, Mira Bhayandar.

Vishwakarma, arrested in October 2021, had applied for bail contending that the matter primarily pertained to civil disputes. The prosecution, while opposing the bail plea, acknowledged the need to weigh the duration of Vishwakarma’s custody against the gravity of the charges.

The accused faces charges under sections 420 (Cheating and dishonestly inducing delivery of property) and 406 (Criminal breach of trust) of the Indian Penal Code, 1860, along with section 4 of the Maharashtra Ownership of Flats (Regulation of the Promotion, Construction, Sale, Management & Transfer) Act, 1963.

Justice N J Jamadar, in granting bail, highlighted that Vishwakarma’s intent would be established during the trial. The court took into consideration his prolonged custody period and community ties as factors supporting bail. Importantly, the court clarified that its decision to grant bail did not imply Vishwakarma’s guilt. Justice Jamadar stressed the need for the trial court to independently assess the case, devoid of any influence from observations made during the bail hearing.

As per the court’s order, Vishwakarma will be released upon furnishing a personal recognizance bond of ₹30,000 along with one or more sureties of the same amount. He is required to report to Kashimira police station on the first Monday of every month between 11 am to 1 pm, adhere to various conditions aimed at preventing tampering with evidence or influencing witnesses, and attend court proceedings regularly.

This decision by the Bombay High Court underlines the nuanced considerations involved in granting bail, balancing the presumption of innocence with the need to prevent flight or tampering with evidence. The case will continue to unfold as it progresses through the judicial process, with the trial court tasked with meticulously evaluating the evidence to ascertain the truth.

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