KHAIRUNNISA ISMAILBHAI SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application under Sec. 439(2) of the Code of Criminal Procedure filed by the original complainant, present applicant seeking cancellation of regular bail granted by the learned Additional 5th Sessions Judge, Vadodara by an order dtd. 21/10/2022 passed in Criminal Misc. Application No.2242 of 2022. By this order, the respondent No.2 was enlarged on regular bail in respect of the FIR being CR No.11196008220370 of 2022 registered with J.P. Road Police Station, Vadodara, for the offences under Ss. 406 , 420 , 465 , 467 , 468 , 471 and 120B of the Indian Penal Code.

(2.) The complainant is a widow of one Ismailbhai Shaikh, who has expired on 5/1/2016.

(3.) It is further alleged that all the accused persons in collusion with each other conspired to take away the land of the complainant and the brother of the deceased. In furtherance of such conspiracy, the accused persons created another forged documents which is in the nature of an application dtd. 10/4/2018 seeking mutation of their names in the property card. It is alleged that three different applications dtd. 10/4/2018 were submitted before the office of the City Survey Superintendent, Vadodara, wherein forged signature of husband of the complainant and his two brothers were made. The complainant has offered an explanation that while she applied on 25/4/2022 to collect the documents, she realized about such forgery of documents as no notice was served at the stage of mutation of their names in the property card. She has further claimed that the accused have managed in furtherance of their conspiracy by not serving the notice in the entry proceedings. She has further alleged that the accused had created false documents by misrepresentation before the Vadodara Corporation at the stage of seeking Rajachiththi by submitting incorrect details of the situation of the land and its area. She has further alleged that the plotting and construction has been done by the accused persons de hors the sanctioned plan. She has further alleged that the present applicant accused No.1 along with his two sons have created bogus Power of Attorney dtd. 30/1/1991, which has been used as genuine document as the same is produced before the Vadodara Corporation while seeking permission of the development of the land. She has also alleged about benami transaction with SN Developers. In the background of these allegations, FIR in question came to be registered with J.P. Road Police Station being I CR No.70 of 2022 for the offences under Ss. 406 , 420 , 465 , 467 , 468 , 471 and 120(B) of the Indian Penal Code.