Gujarat High Court
Ranchhodji Halaji Thakor vs State Of Gujarat on 16 September, 2022
R/CR.MA/6869/2022 ORDER DATED: 16/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 6869 of 2022
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RANCHHODJI HALAJI THAKOR
Versus
STATE OF GUJARAT
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Appearance:
MR ASIM PANDYA, SENIOR ADVOCATE WITH MR.JAY S SHAH(7244) for
the Applicant(s) No. 1
MR AJ YAGNIK(1372) for the Respondent(s) No. 1
MR BHAVIN D KAPADIYA(11904) for the Respondent(s) No. 1
MS MOXA THAKKAR, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 16/09/2022
ORAL ORDER
[1] By way of this Criminal Miscellaneous Application under Section 439 of the Code of Criminal Procedure, 1973, the applicant - original accused No.4 seeks regular bail in connection with an F.I.R. being C.R. No.11195016210493 of 2021 registered on 17 th August 2021 with Deesa North Police Station, District : Banaskantha for the offence punishable under Sections 465, 467, 471, 193, 196, 419, 420, 423, 120B and 114 of the Indian Penal Code.
[1.1] Fair translation of the impugned F.I.R. is as under:
"My name is Motibhai Jorabhai, Caste- Desai (Vatma), aged-42 years, Occupation-agriculture, residing at Rasana Mota Rabarivas, Ta.-Disa, Page 1 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022 R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 Mo. No.9104292000. I dictate fact of my complaint being present in person at police station that I have been residing at the address mentioned above with my family and have been doing agriculture and maintain livelihood of my family. I have a son and a daughter wherein daughter is elder her name is Mansviben and son is younger his name is Siddhraj. We are two, brother and sister wherein I am elder and younger to me is Joshnaben. My father's name is Jorabhai Nathubhai Desai (Vatma) and mother's name is Rukhiben. My mother-father are residing with me. I have been residing with my mother- father and family at Rasana (Mota) and another person Jorabhai Nathabhai Bhumbhaniya (Desai) also was living in my village bearing same name as of my father's name who died on 31/03/2014 and at present his heirs are living in our village. This Jorabhai Nathabhai Bhumbhaniya of our village who was holding the land bearing R.S.No.94 Paiki 1 and R.S.No. 21+30 Paiki 3 and R.S.No.21+30 Paiki 4 at Disa in the past. He had sold out the said land to the different persons at the relevant time. As muchas about 100 properties are also situated in the said land as on till date. Its owners are different and at present this Jorabhai Nathabhai Desai is not holding any of the aforesaid property and however, he died on 31/03/2014, someone unknown person had hold my father's name falsely, misused my father's name and address thereby prepared false Adhar Card in name of my father Jorabhai Nathabhai Vatma. Its Adhar number is 952458596180, total 04 Adhar Cards were prepared bearing the same number from 16/06/2013 having different photos. That the different Adhar Cards were received my home. Out of that first Adhar card was received by me on 02/2019 and original Adhar card in father's name has been issued from 10//01/2014. its Adhar number is 805508833920 and original Election Card bearing number GJ/14/98/411867 is in my father's name and my father's original PAN card whose number is CTHPD0697Q. It was obtained by my father. But some unknown persons have made four different Adhar cards in my father's name out of my father's knowledge. Wherein there were my father's name and address whereas photos were of another different persons Page 2 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022 R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 which the four Adhar cards bearing the same numbers were received through mail at my home and an account in AXIS Bank at Disa is running in father's name its A/c number. Is 916010055619803. The said account was opened on 20/9/2016 and as a cheque book was required to my father's account number in year 2019, an application was made for a cheque book. And I have received two cheque books through courier on 06/04/2019 wherein one cheque book was bearing account number of my father wherein the other cheque book had my father's name and address but A/c No 918010107947166 was written and Mobile number 74908 06788 was found on its cover. Therefore, as it created doubt in me, I contacted Disa AXIS Bank. So, the manager of AXIS Bank informed me that account has been opened by holding your father's name falsely and producing false documents. And on inquiring about the aforesaid account by the manager, a bank employee has opened this account after visiting personally Rasana Mota and cheque book has been sent through courier. Therefore as I came to know that false account has been opened in my father's name, I submitted application to the bank manager and closed the account bearing number 918010107947166 and on receiving a post from Central Bank of India Patan, I reached there Central Bank of India Patan and inquired, I came to know that Patan Central Bank of India whose branch code is (280470).
The bank account with number 39692623969 was opened in the name of my father and after creating a fake PAN card in the name of my father with number AYFPV1918B, it was produced in the bank. Further, the number of my father's old voter ID card was GJ/14/098/411867 in the voters' list of Rasana Mota, Taluka - Disa. The government made changes in the Vidhan Sabha and new numbers were issued, in which the new number of my father's voter ID card is WEE2060598. When I got the copy of the said new voter ID card, it has the name of my father but the photograph in it is of an unknown person, whom we do not know. Further, in 02/2021, I received a phone call of Page 3 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022 R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 Lalabhai Soni from the mobile number 9825268838, who has a shop in the Soni Bazaar of Disa. As he called me to meet him, I went to meet him at his shop in the Soni Bazaar at Disa. At that time, the said Lalabhai told me that your father has got executed false sale deed. Therefore, when I asked my father in this regard, he told me that I have not executed any sale deed. Therefore, when I went to the Disa Sub-registrar office and made verification in records, I came to know that there was a person with a similar name of my father in our village. His name was Jorabhai Nathabhai Desai and he died on 31/03/2014. In past, he had the land at Disa with Revenue Survey No - 94 paiki 1 and R.S. No - 21+30 paiki 3 and R.S. No - 21+30 paiki 4, which he had sold to different owners at the respective time. But the registered agreement for sale of Rs. 2,00,00,000/- (Two Crore) was executed for the said land to Mahendrakumar Pasottambhai Patel, Residing at - Patelwaas Dabhadi, Taluka - District - Patan through the Disa Sub-registrar Office, Sale Deed Serial No - 35 dated 05/01/2017 by some unknown persons after holding the name of my father. It was found that the identity of the unknown person as Jorabhai Nathabhai Desai was given by (1) Damarabhai Purabhai Patel, residing at - Talegadh, Taluka - Disa District - Banaskantha and (2) Jitendrakumar Hemrajbhai Chaudhary, residing at - Sangthal, Taluka - Kheralu, District - Mehsana. Further, after holding the name of father, the unknown person executed the general power of attorney on 30/09/2016 in favour of Amratbhai Ramjibhai Desai, residing at - 561, Harsiddh Nagar, Bodakdev, Ahmedabad, Aadhar Card No - 919145239349, for the lands of Disa Revenue Survey No - 94 paiki 1 and R.S. No - 21+30 paiki 3 and R.S. No
- 21+30 paiki 4 at Ahmedabad through Book No - 4 of the Notary Register No
- 7280/2016 of Notary Shri Bhavana G. Patel on the basis of the fabricated documents in the name of my father. The identity of Jorabhai Nathabhai Desai was given in the said power of attorney document and Thakor Ranchhodji Halaji, residing at - Thakorwaas, Ganeshpura Jamanpur, Taluka - Harij, District - Patan, is the witness for the same. Further, one advocate has given Page 4 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022 R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 his identity. Further, on 04/02/2019, the unknown person executed an affidavit before the Notary Mr. Bansilal P. Yadav of Disa on the basis of the false documents prepared with the similar name of my father stating that the name in the bank, Aadhar Card and PAN card is Vatma Jorabhai Nathubhai, but my name is Desai Jorabhai Nathabhai in the abstract of village form no - 7x12, 8-A and Rabari Jorabhai Nathabhai in the order passed by the Collector, the person having all the said surnames and names is one and the same.
Also on the basis of the fake Power of Attorney given by the impersonated (fake) Jorabhai Nathabhai - (the unknown person), Amratbhai Ramjibhai Desai has executed the Deed of the property of Rev. Sr. no. 94 paiki 1 and R.S. no. 21+30 paiki 3 in his favor by the new number of Sale Deed - no. 30 Dtd. 01/01/2021 in the Office of the Sub-Registrar, at Deesa. In the execution of this document, there are the names and signatures of the witness (1) Ranchhodji Halaji Thakor, Resi. at- Thakor vass, Ganeshpura, Jamanpur, Tal. Dist. Patan and (2) Lakhaji Gandaji Thakor, Resi. At - Thakor vaas, Khariya, Tal. Kankrej, Dist. Banaskantha. Also on the basis of this Power of Attorney, Amrat Ramji Desai has executed the new number- 31, dtd.
01/01/2021 of the Sale Deed in his favour in the property of Rev. Sur. no. 21+30 paiki 4 from the Office of Sub-Registrar, at - Deesa vide. In this deed the names and signatures of following witnesses; (1) Thakor Ranchhodji Halaji - and - (2) Vinuji Ambaramji Thakor - Both - residing at - Thakor Vaas, Ganeshpura, Jamanpur, Tal. Harij, Dist. Patan. In this way, the accused persons of this case have committed an offence by misusing the name and address of my father, by fabricating the fake voter id card, Aadhar Card and PAN card of my father, by producing the false and fabricated documents in the Axis Bank - Deesa and in the Central Bank - Patan, by opening the (fake) account in the name of my father, by drafting false Power of Attorney, executed the false documents (Sale Deeds) of the lands of Rev. Survey nos. 94 paiki 1, R.S. no. 21 + 30 paiki 3 and of R.S. no. 21+30 paiki 4 at - Deesa. We Page 5 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022 R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 have submitted an application (complaint) in the Rural Police Station at - Deesa on 21/04/2021, the P.S.I. - Mr. Jadav of the said Po. Stn. had carreid out the investigation and have identified the accused persons of this offence. In which it was found that the false Aadhar Card, Election Card and PAN card of my father were made and the accounts were opened in the Asix Bank - Deesa and in the Central Bank - Patan, also they have produced an unknown person by impersonating him as my father, have executed the Power of Attorney of the aforementioned all three land properties, have initiated the Deed nos. 35/2017 - dtd. 05/01/2017 in the Office of Sub-Registrar at - Deesa. The above mentioned all three Power of Attorneys have been drafted by - Popat Gagaji Hemasiya (Thakor), Resi - Udarna, Tal, Tharad, Dist. Banaskantha, in which they have given the identification of an unknown person and have produced him as my father - Jorabhai Natha Desai. In this Power of Attorney, Ranchhodji Halaji Thakor, Resi. - Thakorvaas, Ganeshpura, Jamanpur, Tal. Haarij, Dist. Patan has put his signature in P.o.A. and Popat Gagaji Hemasiya (Thakor) - Resi. At - Udarna, Tal. Tharad, Dist. Banaskantha has impersonated himself as my father. While executing the Deed
- no. 35/2017 at the office of Sub-Registrat at Deesa, the (false) identification of my father Jora Nathu Desai (Vaatma) was given by Damra Pura Patel, Resi. At - Talegadh, Tal. Deesa and by Jitendra Hemraj Chaudhri - Resi. At Sangthala, Tal. Kheralu, Dist. Mehsana. Hence, they have fabricated the false documents of the name of my father have produced the same as true although on being knowing that those are fake documents and have produced before the Government Officers as an evidence in the official - legal procedures. Hence, they have fabricated a criminal conspiracy in collusion with one another, committed cheating. As my father is aged and he remains sick, so I have came today to lodge the complaint. Hence it is my complaint to carry out the investigation against the accused persons of this case and against all who are found guilty during the course of investigation. Such is my complaint, which is true and proper as dictated by me." Page 6 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022
R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 [2] Pursuant to the aforesaid F.I.R., the applicant herein came to be
arrested on 16th December 2021, therefore, the applicant herein had preferred an application for regular bail before the learned Sessions Judge, Banaskantha, however, the said application came to be rejected. Thus, being aggrieved by the said order, the applicant herein had approached this Court by way of Criminal Miscellaneous Application No.956 of 2022, which was withdrawn on 23rd February 2022. [3] The Investigating Officer, after due investigation, submitted chargesheet qua the applicant herein on 8th March 2022, therefore, being changed in circumstances, the applicant herein had again approached the learned Sessions Judge, Banaskantha by way of Criminal Miscellaneous Application No.166 of 2022, however, the said application came to be rejected by the learned Sessions Judge on 25th March 2022. [4] Being aggrieved and dissatisfied with the aforesaid order of rejection of bail application, the applicant herein has again approached this Court by way of this Criminal Miscellaneous Application seeking, inter alia, regular bail on any suitable conditions. [5] I have heard Mr. Asim Pandya, learned Senior Advocate with Mr. Jay Shah, learned advocate for the applicant and Ms. Moxa Thakkar, Page 7 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022 R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 learned A.P.P. for the respondent - State of Gujarat and Mr. Anandvardhan Yagnik, learned advocate for the respondent - original complainant.
[6] SUBMISSIONS ON BEHALF OF THE LEARNED SENIOR ADVOCATE FOR THE APPLICANT HEREIN:
Mr. Pandya, learned Senior Advocate submitted that the applicant herein is in jail since 16th December 2021, the investigation is over and the entire alleged offence is based on documentary evidence and thereby, no further custodial interrogation is required, therefore, according to Mr. Pandya, the applicant herein deserves to be enlarged on bail.
Mr. Pandya submitted that as such the impugned F.I.R. came to be filed with delay of two years, and for which, there is no plausible explanation given by the complainant, therefore, according to Mr. Pandya, the allegations are nothing, but an afterthought and levelled against the applicant herein with mala fide intention. Mr. Pandya further submitted that as such the complaint is not filed by the heirs of Jorabhai Nathabhai, however, the complaint is filed by the heirs of Jora Nathu, who has not suffered any injury and/or loss. Thus, according to Mr. Pandya, the complainant has no locus Page 8 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022 R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 to file such an F.I.R. According to Mr. Pandya, the complainant is trying to take some undue benefit, and for which, the impugned F.I.R. is lodged with mala fide intention.
Mr. Pandya has vehemently submitted that the allegations against the applicant herein are of two fold viz. (i) Signed as a witness in the power of attorney, and (ii) Signed as a witness in the sale deed which was executed by the power of attorney holder i.e. Amratbhai Ramjibhai Desai as a power of attorney holder in favour of Amratbhai Ramjibhai Desai himself.
Mr. Pandya has emphatically submitted that the signature alleged to have been made by the applicant herein as a witness on the power of attorney is as such not the signature of the applicant herein. Mr. Pandya, thus contended that his signature has been forged by the accused No.1 - Popatbhai Gagaji Hemasiya. However, he admitted his signature as a witness in the sale deed. Mr. Pandya further submitted that the entire offence has been committed by the accused No.1 - Popatbhai Gagaji Hemasiya (died after the lodgement of impugned F.I.R.). Mr. Pandya further submitted that the accused No.1 was the main accused who had impersonated himself as Jora Natha who died on 31 st March 2014. Page 9 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022
R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 Mr. Pandya further submitted that all the documents were forged by the said accused No.1 and that the applicant herein has no role in the entire offence. Mr. Pandya submitted that as such the applicant herein has not derived any monetary benefit and thus, he acted completely in a bona fide manner.
By making the above submissions, Mr. Pandya, learned Senior Advocate has prayed this Court to grant regular bail to the applicant herein on any suitable conditions.
[7] SUBMISSIONS ON BEHALF OF THE LEARNED A.P.P. FOR THE RESPONDENT - STATE OF GUJARAT:
Ms. Thakkar, learned A.P.P., at the outset, submitted that the submissions made by Mr. Pandya, learned Senior Advocate with regard to signature of the applicant herein in power of attorney is factually incorrect and misleading in nature. To substantiate her submission, Ms. Thakkar has heavily relied upon the power of attorney produced on record which is at page : 124, wherein along with the power of attorney, at page : 135, Aadhar Card of the applicant herein came to be annexed, which, the applicant herein has never disputed. The said Aadhar Card is also a genuine Page 10 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022 R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 Aadhar Card. Therefore, according to Ms. Thakkar, the contention raised by Mr. Pandya, learned Senior Advocate that the signature in the power attorney is not of the applicant herein, is not correct. According to Ms. Thakkar, the applicant herein, from the very beginning, was knowing that the accused No.1 - Popatbhai Gangaji Hemasiya (Thakore) is not Jora Natha, however, all through out, the applicant herein has projected the accused No.1 - Popatbhai Gangaji Hemasiya (Thakore) as Jora Natha. According to Ms. Thakkar, the applicant herein is the main accused who created a design, wherein he persuaded accused No.1 - Popatbhai Gangaji Hemasiya (Thakore) to impersonate as Jora Natha, and in turn, got executed one power of attorney in favour of Amratbhai Ramjibhai Desai. By virtue of the said power of attorney, accused No.1 - Popatbhai Gangaji Hemasiya (Thakore) impersonated himself as Jora Natha and given power of attorney to Amratbhai Ramjibhai Desai in connection with the properties owned by real Jora Natha. Ms. Thakkar further submitted that in the entire process, the name of the complainant's father which is Jora Nathu is quite similar, thereby his name came to be used, and for which, many documents such as Aadhar Car, PAN Card, Election Card came to be forged. Page 11 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022
R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 To substantiate the aforesaid contentions, Ms. Thakkar, learned A.P.P. has heavily relied upon the following statements of the witnesses:
[i] Vinuji Ambaji Thakore, statement dated 21st January 2022 [ii] Anil Mehram, statement dated 27th January 2022 [iii] Pankajbhai Pravinbhai, statement dated 27th January 2022 [iv] Amratbhai Ramjibhai Desai, statement dated 7th January 2022.
Ms. Thakkar, learned A.P.P., by relying upon the aforesaid statements, emphatically submitted that the role of the applicant herein is not only as that of signing as a witness, but it emerges as that of a main accused, and thereby, Ms. Thakkar, learned A.P.P. has strongly urged this Court not to grant bail to the applicant herein.
Ms. Thakkar also submitted that the applicant herein is a habitual offender and having antecedents of similar in nature. She submitted that the applicant herein is having habit of committing the offence, more particularly, by way of land dealing. Ms. Thakkar, learned A.P.P. submitted that the applicant herein is Page 12 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022 R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 involved in another F.I.R. being I-C.R. No.85 of 2015 registered on 22nd September 2015 registered with Harij Police Station, District :
Patan for the offence punishable under Sections 406, 420, 306 and 114 of the Indian Penal Code, wherein, in all, six accused persons have been named in the said F.I.R. including the applicant herein. It is alleged in the said F.I.R. that all the accused along with applicant herein have executed some agreements in connection with the land which was not owned by them and appropriated a sum of Rs.35 to Rs.40 Lakh and thereby, three persons had committed suicide and the said case, at present, is going on before the competent Trial Court. Therefore, Ms. Thakkar, learned A.P.P. has vehemently opposed the present application and urged this Court not to exercise discretion in favour of the applicant herein.
Ms. Thakkar lastly submitted that in the present case, series of government documents such as Aadhar Card, Pan Card, Election Card appears to have been forged, therefore, the Superintendent of Police has directed further investigation under the direct supervision of the Deputy Superintendent of Police. Thus, Ms. Thakkar requested that though the chargesheet has been filed qua Page 13 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022 R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 the present applicant, further investigation is at a crucial stage and if, at that stage, the present applicant is granted bail, then there are all chances of hampering or tampering with the evidence. By making the above submissions, Ms. Thakkar, learned A.P.P. has requested this Court to dismiss the present application.
[8] SUBMISSIONS ON BEHALF OF THE LEARNED ADVOCATE FOR THE RESPONDENT - ORIGINAL COMPLAINANT:
Mr. Yagnik, learned advocate, while adopting all the arguments of learned A.P.P. for the respondent - State of Gujarat, submitted that the contention of Mr. Asim Pandya, learned Senior Advocate for the applicant that the applicant herein has not signed the power of attorney and his signature has been forged, is nothing, but a sheer falsehood. According to Mr. Yagnik, the statements made by Mr. Pandya, learned Senior Advocate, is incorrect and made with an intention to mislead this Court.
To substantiate his contention, Mr. Yagnik has heavily relied upon the bail application filed by the applicant herein before the Trial Court and drew the attention of this Court page : 260, wherein, in no uncertain terms, the applicant herein has contended that he Page 14 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022 R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 has signed the power of attorney because Amratbhai Ramjibhai Desai happens to be his friend. Thus, Mr. Yagnik, learned advocate has vehemently submitted that on this count alone, the present application deserves to be dismissed.
Mr. Yagnik further submitted that as such the advertisement of title of the land, which was published in a newspaper in the name of one advocate Kiranben Patel, also appears to be bogus one. According to Mr. Yagnik, as per the statement of Kiranben Patel dated 19th February 2022, she had never given any title with regard to said land in the newspaper and as such, she stated that the address shown in the title advertisement is the office which was closed by her before two years. Therefore, Mr. Yagnik submitted that the applicant herein has committed one another forgery by misusing the name and letter pad of a lawyer and published the title certificate in the newspaper. By making the above submissions, Mr. Yagnik, learned advocate has requested this Court to dismiss the present application. [9] Mr. Pandya, learned Senior Advocate, in his rejoinder, upon having asked to clarify about his emphatic statement that the applicant has not signed the power of attorney vis-a-vis averments made in the Page 15 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022 R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 bail application filed before the Court below, submitted that normally, there is no affidavit in the bail application and the client being in jail, there is no direct dialogue and exchange of information and thus, the statement made in the bail application is merely a perception of a lawyer and accordingly, the same does not carry any weightage as there is no affidavit by the applicant - accused.
[10] I have heard the learned advocates for the respective parties and have gone through the materials produced on record in details. No other and further submissions have been canvassed by the learned advocates appearing for the respective parties except what are stated hereinabove. [11] At the outset, it emerges from the record that sheer contradictory, misleading and ambiguous statement is being made by the learned Senior Advocate for the applicant with regard to the signature of the applicant on the power attorney; a document which has the genesis of the entire offence. This Court further put to surprise the manner in which the learned Senior Advocate for the applicant instead of salvaging the situation about the incorrect statement / submission very casually submitted that the statement made in the bail application before the Court below does not bear the affidavit of the applicant being in jail and has no direct dialogue and exchange of information with the lawyer, Page 16 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022 R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 thus, is merely a perception of that particular lawyer. Accordingly, Mr. Pandya, learned Senior Advocate has reiterated and reaffirmed his submission that the applicant has not made any signature on the power of attorney. True it is that the bail application does not bear any signature and/or affidavit of the client - applicant accused. But, according to me, therefore, the duty of the lawyer, who prepares bail application and argues before the Court, is somewhat more responsible in nature as the lawyers are always said to be the assistants of the Court. In bail applications, normally, the Courts rely upon the statements and the submissions made by the learned advocates for the accused, more particularly, with regard to facts of the case, mainly because, in the bail applications, the affidavits are dispensed with, thus, averments made in the bail applications cannot be expected to be vague, incorrect, false, etc. Pleadings in bail application are not to be taken lightly. They are based on the instructions received by the lawyer from his client i.e. the accused. Thus, pleadings have some sanctity, therefore, the accused cannot disown on the ground that those are at the instance of his lawyer. In the instant case, the document on which the signature came to be disputed goes to the root of the genesis and thereby, any submission touching to the root of the document cannot be expected to be false and/or incorrect. This Court could have dismissed the bail application on Page 17 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022 R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 the basis of the said incorrect and false submissions, however, this Court would incline to delve into the merits of the case as it is a matter of somebody's personal liberty.
[12] So as to decide the case on merits, it would be apt to take into consideration the statements of relevant witnesses recorded during the course of investigation as under:
Pankajbhai Pravinchandra Shah in his statement dated 27 th January 2022 stated that he has introduced the present applicant with his friends namely Sureshbhai Patel and Amratbhai Desai and the present applicant - Ranchhodji Thakore proposes to sell the land in question to Sureshbhai Girdharbhai Patel and Amratbhai Desai.
Sureshbhai Girdharbhai Patel, in his statement dated 21 st February 2022 stated that the present applicant met him and Amratbhai Desai along with the accused No.1 - Popatbhai Gangaji Hemasiya (Thakore) who impersonated as Jora Natha and accepted the money for which the signatures are also made on the vouchers. According to Sureshbhai Girdharbhai Patel, the present applicant has taken active part in the entire transaction and also assured about the entire deal. According to the witness, he and Amratbhai Page 18 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022 R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 Desai was not knowing the original owner - Jora Natha, who was impersonated by accused No.1 - Popatbhai Gangaji Hemasiya, but, it is the present applicant who has introduced the accused No.1 - Popatbhai Gangaji Hemasiya as Jora Natha as if the owner of the land in question. Sureshbhai Patel further stated that the present applicant has also requested not to lodge any case and for which, one affidavit dated 20th September 2021 has also been submitted.
Amratbhai Ramjibhai Desai, who was the power of attorney holder, in his statement dated 27th January 2022, stated that the present applicant has introduced the accused No.1 - Popatbhai Gangaji Hemasiya (Thakore) as Jorabhai Nathabhai Desai as the owner of the land in question and received the amount by putting his signature in the vouchers.
As per the statement of Kiranben Nagarbhai Patel - lawyer dated 19th February 2022, under her name, the title was published in the newspaper.
Vinuji Ambaramji Thakore, who happens to be the Nephew of the accused No.1 - Ranchhodji Thakore, in his statement dated 21 st January 2022 stated that he signed the sale deed before the Page 19 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022 R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 Registrar upon instructions of the present applicant. [13] Considering the aforesaid statements, role of the present applicant prima facie is emerging as a main accused, who has introduced accused No.1 - Popatbhai Gangaji Hemasiya to Sureshbhai Girdharbhai Patel and Amratbhai Desai impersonating him as Jora Natha knowing fully well that Jora Natha died long time back. Therefore, false power of attorney came to be prepared, by which accused No.1 - Popatbhai Gangaji Hemasiya has given the power to Amratbhai Desai impersonating himself as Jora Natha. In the said power of attorney, the present applicant has signed as a witness. In the said process, Pan Card, Election Card, Aadhar Card also came to be forged, for which, it is reported by the learned A.P.P. that further investigation has been initiated under the direct supervision of the Deputy Superintendent of Police. In my view, therefore, the allegations against the present applicant are very serious in nature and thus, cannot be enlarged on bail.
[14] At this stage, this Court cannot be unmindful of the fact that the present applicant was involved in same kind of offence in past and received amount by executing agreement with regard to property not owned by him and consequently, the person who paid the amount, after borrowing from other parties, was duped and therefore, committed Page 20 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022 R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 suicide with his family and in all three persons have lost their lives. Under the circumstances, in my view, the present applicant is a habitual offender and has committed the alleged offence again while he is on bail in connection with the earlier offence. Accordingly, this Court would not like to exercise its discretionary power under Section 439 of the Cr.P.C. in favour of the present applicant who is a habitual offender. [15] This Court has also taken note of the prima facie fact that during the course of investigation, surprisingly, no recovery of any forged and fabricated documents such as Aadhar Card, Ration Card, Election Card was made, however, having taken note of the same, the highest officer of the District Superintendent of Police has already directed further investigation to be carried out under the direct supervision of the Deputy Superintendent of Police which is underway, thus, the present applicant, being a habitual offender, if released on bail at this stage, most likely to hamper and/or tamper with the further investigation. Accordingly, this Court would not exercise its discretionary power under Section 439 of the Cr.P.C. in favour of the present applicant.
[16] This Court has also considered the decisions of the Hon'ble Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation reported in 2022 SCC Online SC 825 and in the case of Page 21 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022 R/CR.MA/6869/2022 ORDER DATED: 16/09/2022 Sanjay Chandra vs. Central Bureau of Investigation, reported in [2012] 1 SCC 40. However, in the instant case, the present applicant is a habitual offender and committed the alleged offence while he is on bail in connection with the earlier offence of the similar nature and therefore, on the facts of the case, according to me, the aforesaid judgements are not applicable.
[17] For the foregoing reasons, the present Criminal Miscellaneous Application deserves to be rejected and is hereby rejected. Notice stands discharged.
(NIRAL R. MEHTA,J) CHANDRESH Page 22 of 22 Downloaded on : Mon Sep 19 20:56:46 IST 2022