Gujarat High Court
Shakuntalaben Hasubhai Golani vs State Of Gujarat on 8 October, 2025
NEUTRAL CITATION
R/CR.MA/19883/2025 ORDER DATED: 08/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 19883
of 2025
With
R/CRIMINAL MISC.APPLICATION NO. 19879 of 2025
With
R/CRIMINAL MISC.APPLICATION NO. 19885 of 2025
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SHAKUNTALABEN HASUBHAI GOLANI
Versus
STATE OF GUJARAT
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Appearance:
MS AMRITA AJMERA(5204) for the Applicant(s) No. 1
MR ROHAN SHAH APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 08/10/2025
COMMON ORDER
1. Since all the three matters are arising out of common FIR and the issue involved in all the three matters are common, they are being heard together and are being decided by this common order. The petitioners/accused persons of the respective petitions are hereinafter referred as per their serial number mentioned in the FIR for the sake of convenience.
2. Rule. Learned APP waives service of notice of rule for respondent - State of Gujarat.
3. By way of the present applications under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS"), the applicants have prayed for anticipatory bail in the event of arrest in connection with the FIR being C.R. No. Page 1 of 9 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Mon Oct 13 2025 Downloaded on : Mon Oct 13 22:54:08 IST 2025 NEUTRAL CITATION R/CR.MA/19883/2025 ORDER DATED: 08/10/2025 undefined 11211035250388 of 2025 registered with Muli Police Station, Surendranagar, for the alleged offences as mentioned in the FIR.
4. Learned advocate Ms. Amrita Ajmera appears for the applicants submits that as per the case of the prosecution the so-called incident occurred between the period of 04.11.2019 to 20.12.2021 whereas FIR is registered on 23.08.2025 against a total of 6 persons wherein name of the present applicants/accused persons are mentioned at serial no.1, 4 & 2 respectively. Learned advocate Ms. Ajmera read the FIR and submits that, in fact, there was a political rivalry going on in the village and due to the said animosity Ex-Sarpanch has made certain allegations against the present applicants/accused persons about the incident of corruption in the MGNREGA scheme based upon which investigation was carried out, and during the interregnum period, certain person had filed PIL wherein Division Bench of this Court has given directions to register FIR, therefore, FIR has been registered. She submits that, in fact, as per the case of the prosecution during the period between 04.11.2019 to 20.12.2021, the present applicant/accused no.1 was working as a helper of the Angadia Center, despite the said fact she had taken amount of remunerations in the MGNREGA scheme and before registration of the FIR whatever amount she has received from the said scheme she has already deposited it back to show her bonafide. She further submits that applicant/accused no.1 is a lady and Sarpanch of the village. Entire case of the prosecution is based upon documentary evidence and all those documents have been Page 2 of 9 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Mon Oct 13 2025 Downloaded on : Mon Oct 13 22:54:08 IST 2025 NEUTRAL CITATION R/CR.MA/19883/2025 ORDER DATED: 08/10/2025 undefined collected by the investigating officer. During the interregnum period on number of occasions, applicant/accused no.1 was called by the investigating officer, she has personally remained present before the investigating officer and supplied the documents as well as her statement was also recorded. All kind of co-operation was extended by the applicant/accused no.1 to the investigating officer. She further submits that, in fact, during the interregnum period, on the strength of the direction issued by the Division Bench of this Hon'ble Court, a committee is constituted. Copy of the said report is placed on record and submitted that, in fact, allegations about the corruption in the MGNREGA scheme have not been found to be correct one, solely on the count that applicant/accused no.1 herein has received amount of remuneration from the two different Government agencies, applicant/accused no.1 has been arraigned as an accused, and she has already been deposited the said amount before the authority concerned before the registration of the FIR. Learned advocate Ms. Ajmera further submits that so far as the applicant/accused no.4 is concerned, upon inquiry it was found that he was asked to deposit an amount of Rs.1,000/- for his negligence and the said amount was deposited by him, and then after, he was also terminated from the post of Muster Clerk, therefore, he has a very limited role. She further submits that so far as the applicant/accused no.2 is concerned he had issued job card to the accused no.1 because during Corona period the Anganwadi kendra was not in operation, and therefore, the accused no.1 worked under MGNREGA scheme and she got Page 3 of 9 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Mon Oct 13 2025 Downloaded on : Mon Oct 13 22:54:08 IST 2025 NEUTRAL CITATION R/CR.MA/19883/2025 ORDER DATED: 08/10/2025 undefined her dues for the labour she put in, however, when the TDO found that there was technical fault, as per his directions, the said amount is deposited back. Learned advocate Ms. Ajmera has put reliance upon the decision rendered by this Hon'ble court in the case of Asim Niranjan Chakraborty Vs. State of Gujarat reported in 2011 (0) AIJEL-HC 225926, and submitted that principle of law laid down by the co-ordinate bench of this court is squarely applicable to the facts of the present case, and considering the said principle of law enunciated by the co-ordinate bench, bail application of the present applicants may be entertained.
5. Learned APP Mr. Rohan Shah has objected the present applications with vehemence and submitted that it is admitted position of fact that applicant/accused no.1 is a Sarpanch and during the period between 04.11.2019 to 20.12.2021, a job card was issued to the applicant/accused no.1 by the competent authority to carry out work in MGNREGA scheme, and she had received the amount of remunerations during that period. In fact, at that relevant point of time, she was working as a helper in the Anganwadi Center and she used to receive salary from the said department. During that period, she has received amount of remunerations from the two different Government agencies. Her husband applicant/accused no.2 is Ex- Sarpanch and at that relevant point of time was a Sarpanch, and during his tenure the said work was assigned to the applicant/accused no.1. In support of these allegations, investigating officer concerned has collected certain documents and/or material which clearly go onto show that the amount which was disbursed by the authority Page 4 of 9 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Mon Oct 13 2025 Downloaded on : Mon Oct 13 22:54:08 IST 2025 NEUTRAL CITATION R/CR.MA/19883/2025 ORDER DATED: 08/10/2025 undefined concerned has already been credited in the account of the present applicant/accused no.1. The investigating officer concerned has recorded statement of number of villagers. Earlier point of time, they had come with a case that they had never gone to a particular place to do job, but subsequently after certain period of time, they have made changes in their versions and come with a case that, in fact, they had gone and also received the amount of remunerations. Learned APP Mr. Shah has further submitted that the complainant has tried his level best to register FIR, but reason best known to the authority concerned, FIR could not have been registered, and then after he filed a PIL before this Hon'ble court wherein Division Bench has after considering and appreciating the material available on record thought it fit to give directions to authority concerned to register FIR, and pursuance to registration of FIR, investigation commenced and number of documents have been collected by the investigating officer and statements of witnesses have been recorded. He further submits that despite the fact that accused no.1 had not worked, job card was issued and payment was made, so in connivance with each other, the accused persons have dupe the Government, and the act and actions of the applicants/accused persons clearly go onto show that Government Exchequer has sustained huge volume of loss. Cumulative effect of all those material prima-facie shows involvement of applicants/accused persons in commission of crime, and therefore, Hon'ble court may not have to entertain the bail application of the applicants.
6. Having heard the learned advocates appearing for the Page 5 of 9 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Mon Oct 13 2025 Downloaded on : Mon Oct 13 22:54:08 IST 2025 NEUTRAL CITATION R/CR.MA/19883/2025 ORDER DATED: 08/10/2025 undefined parties and perusing the investigation papers, it is equally incumbent upon the Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of the Hon'ble Apex Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are (i) the nature and gravity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from justice; and (iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested. Though at the stage of granting bail an elaborate examination of evidence and detailed reasons touching the merit of the case, which may prejudice the accused, should be avoided.
7. I have considered the following aspects.
(a) That as per the case of the prosecution the so-
called incident occurred between the period of 04.11.2019 to 20.12.2021 whereas FIR is registered on 23.08.2025. It is an admitted position of fact that applicant/accused no.1 is a Sarpanch and during the period between 04.11.2019 to 20.12.2021, a job card was issued to the applicant/accused no.1 by the competent authority to carry out work in MGNREGA scheme, however, at that relevant point of time, her husband Page 6 of 9 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Mon Oct 13 2025 Downloaded on : Mon Oct 13 22:54:08 IST 2025 NEUTRAL CITATION R/CR.MA/19883/2025 ORDER DATED: 08/10/2025 undefined applicant/accused no.2 was a Sarpanch and during his tenure the said work was assigned to the applicant/accused no.1. It further transpires that the accused no.1 had received the amount of remunerations during that period, however, at that relevant point of time, she was working as a helper in the Anganwadi Center and she used to receive salary from the said department, therefore, it clearly transpires that, during that period, she had received amount of remunerations from the two different Government agencies.
(b) It further transpires that, e arlier point of time, the applicants herein had come with a case that they had never gone to a particular place to do job, but subsequently after certain period of time, they have made changes in their versions and come with a case that, in fact, they had gone and also received the amount of remunerations.
(c) It also transpires from the record that despite the fact that accused no.1 had not worked, job card was issued and payment was made, so in connivance with each other, the accused persons have dupe the Government, and therefore, the Government Exchequer has sustained huge volume of loss. Therefore, involvement of the applicants herein in commission of crime is prima-facie spelt out from the material available on record.
(d) So far as accused no.2 - husband of the present applicant/accuse no.1 is concerned he was a Sarpanch at that relevant point of time and prima-
Page 7 of 9 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Mon Oct 13 2025 Downloaded on : Mon Oct 13 22:54:08 IST 2025NEUTRAL CITATION R/CR.MA/19883/2025 ORDER DATED: 08/10/2025 undefined facie he has provided all kind of facilities to his wife to obtain job in two different Government's organizations at the same time and received payment from those organizations despite the fact that one cannot work at two different places at the same time and complete the tasks assigned to him/her. Therefore, it prima-facie found out that he has misused his position as a Sarpanch and acted against the welfare of the Government policies and due to his act the Government Exchequer has to sustain huge loss.
(e) So far as the present applicant/accused no.4 is concerned that he was working as a clerk in Gram Panchayat and he has to manage affairs of the Gram Panchayat, and as a part of his duty, he has to maintain muster roll and on the basis of which amount of payment can be distributed between the workers/labourers. Knowing fully well that a wife of the Sarpanch i.e. accused no.1 is working in another department and used to get salary, despite the said fact in muster register her name was enrolled and subsequently presence was also marked, which clearly goes onto show that in connivance with each other all the three accused persons have acted against the welfare of the State schemes and due to which the Government has to sustain huge loss. Further, it is also brought to the notice of this Hon'ble Court that number of other persons who have not actually done any work despite the said fact payment was made even to them which clearly goes onto show Page 8 of 9 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Mon Oct 13 2025 Downloaded on : Mon Oct 13 22:54:08 IST 2025 NEUTRAL CITATION R/CR.MA/19883/2025 ORDER DATED: 08/10/2025 undefined active involvement of the present applicants in commission of crime.
8. Therefore, in view of the observations made hereinabove, this court is of the considered opinion that the discretionary power of anticipatory bail is not required to be exercised in favour of the present applicants. Hence, in the result, present applications are hereby rejected. Notice is discharged.
(DIVYESH A. JOSHI,J) AMIT ITALIAN Page 9 of 9 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Mon Oct 13 2025 Downloaded on : Mon Oct 13 22:54:08 IST 2025