JAPAN NITINKUMAR SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This successive bail application is filed under Sec. 439 of the Code, by the applicant, in connection with FIR being CR. No. 11216008220235 of 2022 registered with Sector 7 Police Station, Gandhinagar, for the offences punishable under Ss. 34 , 204 , 406 , 409 , 420 , 465 , 467 , 468 , 471 , 477A and 120 B of the IPC and Sec. 447 and 452 of the Companies Act, 2013 and under Sec. 13(1)(d2) 13(1)(e) , 13(1)(a) , 13(2) and 12 of the Prevention of Corruption Act, 1988.

(2.) This Court has heard learned Senior Counsel Mr. Jal Soli Unwala assisted by Ms. Tejal Vashi, learned advocate for the applicant and Mrs. Krina Calla, learned APP for the respondent State.

(3.) The brief facts giving rise to file present application are that, the Gujarat Informatics Ltd., a State Government venture, is instrumental in purchasing hardware and software from different vendors for the State Government and its public undertakings. A complaint for cheating and forgery for a value of Rs.7.00 crore was registered with Sector 7 Police Station, Gandhinagar. Five people namely, (i) Company Secretary - Japan Shah, (ii) Executive Accountant - Ruchi Bhavsar, (iii) Finance Executive - Vikrant Kansara, (iv) Director Accounts - Rakesh Amin, and (v) Auditor of Brekar and Majmudar, Chartered Accountant - Sonu Singh, all GIL officials are accused of diverting money from the company's bank account to shell companies using fake payment receipts in the year 2019-20. The alleged mastermind of this scam is GIL executing accountant - Ruchi Bhavsar. During the internal audit by auditor J.K. Brahin and Company, it was revealed that irregularities in bank transactions found on a higher scale. The accused official conspire with others to make fake shell companies to which money was transferred using fake receipts drawn for purchasing gadgets. The misappropriation took place in the year 2019-20 but it could be traced only in the year 2022. The officials have misused their powers and deposited funds in 16 transactions into account other than those of GIL. The total scam uncovered till date is Rs.40.00 crore and more. So far role of the applicant is concerned, it is alleged that at the relevant time in connivance with the co-accused, the applicant being a Company Secretary, had signed the alleged false vouchers and obtained cash benefit of Rs.25,00,000.00 from the accused Ruchi Bhavsar.