DIPIKABEN MIHIRKUMAR PRAKASHBHAI PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition under Sec. 438 of the Code of Criminal Procedure, 1973, the petitioners have prayed to release them on anticipatory bail in case of their arrest in connection with the FIR registered as C.R.No.11822021240232 of 2024 registered with Navsari Rural Police Station.

(2.) Learned advocate for the petitioner submits that the petitioners are innocent. The petitioners have not forged or fabricated any documents. It is submitted that petitioner no.1 is lady. FIR came to be filed against petitioners on expire of earlier husband of petitioner no.1, who happens to be brother of the complainant. Petitioner no.1 is married to petitioner no.2. It is submitted that documents permit to operate locker in the joint name of deceased husband and son of the complainant on papers received from South Africa. Concerned Bank after due verification permitted to open locker and therefore, there is no forging of documents. It is submitted that without prejudice to rights and contentions of the petitioners, the petitioners are ready and willing to deposit Rs.58.00 lakhs in installments before the learned Trial Court. It is submitted that petitioner no.1 has undertaken the same by way of filing affidavit before this Court. It is submitted that so far as petitioner no.2 is concerned, there is no whisper of allegations against him.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. It is submitted that petitioner no.1 is main culprit and she has forged passport of the complainant and placed before the advocate. It is submitted that Investigating Officer has recorded statement of notary public living in Johannesburg and he has categorically denied it about notarizing the documents and therefore, prima facie case of forging documents is made out and further investigation can be possible only on custodial interrogation of the accused. Therefore, it is submitted to dismiss the petition.