Allowed

Rekhaben Sanjaykumar Muttha v. State of Gujarat

Gujarat HC22 Mar 2022CR.MA/2269/2022

Case brief

AI extract

What is this about?

Single judge order granting regular bail to the applicant, a female accused in a cheating and forgery case involving forged bank account documents, citing the absconding co-accused and the need for a timely trial for a woman.

What did the court decide?

Par Chikitsan: Release on regular bail on executing personal bond of Rs. 15,000 with one surety of similar amount subject to specified conditions.

Rekhaben Sanjaykumar Muttha Vs State of Gujarat — Cheating and Forgery | Gujarat HC (2022)

¶1

R/CR.MA/2269/2022 ORDER DATED: 22/03/2022

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/CRIMINAL MISC.APPLICATION NO. 2269 of 2022

¶4

==========================================================

¶5

REKHABEN SANJAYKUMAR MUTTHA

¶6

Versus STATE OF GUJARAT

¶7

==========================================================

¶8

Appearance:

¶9

MR PRITESH M SHAH(8405) for the Applicant(s) No. 1 MR JK SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================

¶10

CORAM: HONOURABLE MS. JUSTICE GITA GOPI

¶11

Date : 22/03/2022

¶12

ORAL ORDER

¶13

This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the FIR being No. 11216008210534 of 2021 registered with Gandhinagar Sector-7 Police Station, District Gandhinagar, for offences punishable under sections 420, 465, 467, 468, 471 and 120(b) of Indian Penal Code.

¶14

Mr. Pritesh M. Shah, learned advocate for the petitioner submitted that the petitioner lady is a victim at the hands of Naranbhai Rabari who is a wanted criminal of the matter. Learned advocate for the petitioner submitted that the accused No.5 – Hiteshkumar Maheshbhai Garanga with the assistance of bank officer Nilesh Chavda by forging the documents of the petitioner had opened the bank account in IDFC Bank. Learned advocate for the petitioner submitted that, as per the investigation, the application form for opening the bank account does not bear the signature of the present petitioner. Learned advocate for the petitioner submitted that

¶15

Page 1 of 4

¶16

R/CR.MA/2269/2022 ORDER DATED: 22/03/2022

¶17

the photograph on the application form shows that it has been manipulated and all the amount which has been deposited in the bank account was withdrawn by wanted accused – Naranbhai Rabari from ATM. Learned advocate for the petitioner further referring to RTI reply submitted that the present petitioner had filed a complaint before the police but the police failed to register the FIR against Naranbhai Rabari. Learned advocate for the petitioner submitted that the absconding accused Naranbhai Rabari had misused the private relations and had blackmailed the present petitioner for which she had filed a police complaint but the police failed to take cognizance of the complaint and Naranbhai Rabari had misused the family relation, and after the death of her husband, the absconding accused Naranbhai Rabari had assured her to assist in recovery of insurance policy money, and on that basis the original documents such as Aadhar Card and Pan Card was in the hands of Naranbhai Rabari. Learned advocate for the petitioner submitted that it is highly improbable for the present petitioner to manipulate the documents but it was done by co-accused and the intentional act of absconder Naranbhai Rabari to misuse the status of the present petitioner as widow of Sanjay Kumar Niranjanbhai Muttha. Learned advocate for the petitioner further submitted that inspite of police complaint she had no recourse and has been falsely implicated in the matter. It was, therefore, prayed that the present application may be allowed and the petitioner herein may be released on regular bail.

¶18

Mr. J.K. Shah, learned APP submitted that all the documentary evidences suggest the conspiracy, and therefore, it was urged that no discretion may be exercised in favour of

¶19

Page 2 of 4

¶20

R/CR.MA/2269/2022 ORDER DATED: 22/03/2022

¶21

the petitioner.

¶22

Heard learned advocates on both the sides and perused the material on record. The documents in the chargesheet shows that the application form for opening the bank account where there is no signature of the present petitioner, and as per the statement of Sureshbhai Patel, after the death of husband of the present petitioner, the absconder accused Naranbhai Rabari had assured to assist the present petitioner for getting the life insurance policy money and on that basis the original Aadhar Card and Pan Card was handed over to him. Thus taking into consideration this fact and also the fact that the trial will take its own time to conclude and the present petitioner being a woman; this Court is of the opinion that the discretion could be exercised in favour of the petitioner to enlarge him on bail.

¶23

Hence, the present application is allowed. The petitioner is ordered to be released on regular bail in connection with FIR being No. 11216008210534 of 2021 registered with Gandhinagar Sector-7 Police Station, District Gandhinagar, on executing a personal bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that she shall;

¶24

[a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the prosecution;

¶25

[c] surrender passport, if any, to the lower court within a week;

¶26

Page 3 of 4

¶27

R/CR.MA/2269/2022 ORDER DATED: 22/03/2022

¶28

[d] not leave India without prior permission of the concerned trial court;

¶29

[e] furnish the present address of residence to the Investigating Officer and also to the Court at the time of execution of the bond and shall not change the residence without prior permission of the concerned trial court;

¶30

The authorities shall adhere to its own Circular relating to COVID-19 and, thereafter, will release the petitioner only if she is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the lower Court having jurisdiction to try the case.

¶31

Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

¶32

(GITA GOPI,J)

¶33

A.M.A. SAIYED

¶34

Page 4 of 4

Rekhaben Sanjaykumar Muttha v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Rekhaben Sanjaykumar Muttha v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Miteshkumar Amrutlal Jivanlal Parmar Vs State of Gujarat

Ravibhai Nathabhai Chaudhary Vs State of Gujarat

Amit S/O Dhirubhai Zala Vs State of Gujarat

Kalpesh @ Atul Mathurbhai Jakabhai Vaghri Vs State of Gujarat

Abdulkaiyumkhan Naushadkhan Pathan Vs State of Gujarat

Prashant @ Dhaval Kishanbhai Chunara Vs State of Gujarat