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Citing a public notice by an accused’s father disowning him, a magistrate court rejected bail to a Gujarat-based businessman booked by the Mumbai Police in a cheating case, observing that he may flee if released and even his family members will not be able to tell his whereabouts.
The Mumbai Police’s Economic Offences Wing (EOW) had booked Birju Salla for allegedly cheating a jeweller of Rs 12 crore. Salla had previously been acquitted by the Gujarat High Court in 2023, which had overturned his life imprisonment sentence awarded by a special court for allegedly planting a threat note on a flight in 2017.
Salla sought bail citing parity, as another accused booked in the case was also granted bail. The EOW opposed his plea stating that arresting him had been a task and he may not remain present for the trial if released on bail.
“The documents also show that the father of this accused published a notice in newspaper and allegedly disowned him. So far, this document and the submission has not been disputed by the accused at any point of time.
Another is a letter issued by the wife of the accused to Airports Authority asking for help to trace the whereabouts of the present accused. This is also not much disputed by this accused. Now, while considering a bail application, the prime aspect is whether the accused will remain present during the course of proceedings. The presence is essential and that can be ascertained by the conduct and other circumstances. It appears at this stage that even the family members and the close ones are not sure about the conduct of this accused,” said A R Solapure, additional chief judicial magistrate in an order passed on October 18.
The court said that considering these circumstances, Salla can be considered a flight risk and if he is released, “even his family members will not be able to tell his whereabouts”.
Salla was arrested in July by the police on the complaint of a jeweller who alleged that Salla had taken various gold and silver items from his shop worth over Rs 14 crore. While he returned the items worth Rs 1.47 crore, he neither returned nor accounted for the remaining items, the police said.
Salla had argued that the allegations of cheating are false and it at the most amounted to a civil dispute for which keeping him behind bars was not necessary, while also citing bail granted to another accused. The court, however, considered that the circumstances against Salla were different and rejected his plea.
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