DHOLIBEN BADALBHAI SURTANBHAI BARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This successive bail application is filed by the lady accused Dholiben Badalbhai Baria, under Ses. 439 of the Cr.P.C., filed in connection with the FIR being C.R.No.118210352002291 of 2020, registered with Limkheda Police Station, Dist: Dahod for the offences punishable under Ss. 406 , 420 , 467 , 468 , 471 and 114 of the .

(2.) Brief facts giving rise to filing of present application is that, the applicant and co-accused Savitaben Damor in connivance with each other, committed an offence of cheating, criminal breach of trust and forgery for the purpose of cheating. It is alleged that, the complainant derived right, title and interest by way of will with respect to land bearing survey no.34/1 situated at Village: Limkheda. It is further alleged that the co-accused with intention to defraud the complainant, produced bogus death certificate of one Rameshbhai who was the co- owner of the land who died on 25/11/2010. It is further alleged that, based on the death certificate of the deceased Rameshbhai, false and bogus affidavit being submitted to the Revenue Authority and accused have claimed their right over the disputed property and accordingly, the name of the husband of the present applicant-accused namely Badalbhai had been mutated. It is in this context, it is alleged that, without any right, title or interest, the accused have committed an offence as alleged in the FIR.

(3.) This Court has heard Mr. B.Y. Mankad, learned counsel for the applicant, Mr.Vijal P. Desai, learned counsel for the original complainant and Mrs. Krina Calla, learned APP for the respondent-State.