Vibhor Vyankat Iyer vs The State Of Maharashtra
2021 Latest Caselaw 12316 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY

              CRIMINAL APPELLATE JURISDICTION

              BAIL APPLICATION NO. 1351 OF 2020

Vibhor Vyankat Iyer
(Presently at Taloja Jail)              ...Applicant/
                                        Orig. Accused
     V/s.
State of Maharashta                     ....Respondent


                              ****

Mr. Aabad Ponda, Senior Counsel a/w. Ms. Mahalakshmi

         and Mr. Rahil Jhaveri, Advocate for the applicant.

Mrs. Prajakta Shinde, APP for State.

                        CORAM : SANDEEP SHINDE, J.

                        Resd. On : 26TH AUGUST, 2021.

                        Pron. On : 1ST SEPTEMBER, 2021.

P.C. :

1.            Heard   Mr.   Ponda,   learned   Senior   Counsel

appearing for the applicant and Ms. Shinde, learned APP

for State.
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2.         Additional Registrar (Original Side) of Bombay

High Court, lodged a report on 18th February, 2020

whereupon Crime No.45/2020 was registered against

unknown persons at Azad Maidan Police Station for the

offences punishable under Sections 420, 465, 467, 468,

472 of the Indian Penal Code. Applicant's complicity in the

crime was transpired in the course of investigation,

wherefrom it appears that the applicant downloaded

format of Succession Certificate on his mobile from the

website of District Court of Bangalore and prepared

bogus Commercial Succession Petition (L) No.23520/2019

by     making   necessary   changes    in   the   downloaded

Certificate. Whereafter the applicant downloaded order

dated 23rd December, 2019 of His Lordship Hon'ble Justice

G.S. Patel being CARBPL/1501/2019 (23) in "PDF format"

from the official website of the High Court on his mobile.

He converted it in "words format" and prepared bogus

order by making necessary changes. Thereafter, the

applicant forwarded these forged and fabricated two

documents to Shruti Goradia on her Whats App. Shruti
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thereafter    produced   these   documents    through   her

Advocate before the Hon'ble High Court.       The applicant

was arrested on 18th March, 2020. The investigation in the

case is over and the chargesheet has been filed.



3.           The learned Additional Sessions Judge vide

order dated 23rd July, 2020 declined bail to the applicant

on the ground that offence being serious in nature and

further investigation was in progress, in as much as, at the

relevant time Investigating Officer had filed an application

before the Magistrate for recording the statement under

Section 164 of the Criminal Procedure Code.



4.           Mr. Ponda, learned Senior Counsel appearing

for the applicant submitted that one, Parth Goradia

approached Advocate Umesh Mohite and Hetal Pandya to

file a petition before the High Court to obtain the

Succession Certificate after the demise of his father's

uncle, Mr. Satishchandra Goradia. At that time, he sent a

Whats App message to the Advocate containing an order
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dated 1st December, 2019 in Commercial Succession

Petition (L) No. 23520 of 2019 allegedly passed by His

Lordship G.S. Patel with regard to the estate of Late,

Mitesh Goradia. As the matter could not be traced in the

High Court Registry, Advocate Mohite approached the

judicial clerks of Hon'ble Justice G.S. Patel and asked for

assistance in locating the papers in the matter, but the

papers could not be located. When this fact was brought

to the notice of Hon'ble Justice G.S. Patel, he concluded

that both the orders dated 1st December, 2019 and

Succession Certificate were forged by an order dated 15 th

February, 2019.     Mr. Ponda, learned Senior Counsel

submitted that the applicant and Shruti Goradia had close

personal and professional relationship. She handled the

social media accounts of the applicant's Company and

had access to applicant's phone and computer for such

purposes. Mr. Ponda submitted that, it is prosecution's

case that, applicant knew Shruti Goradia and therefore

applicant has helped Shruti and prepared the Succession

Certificate and order dated 1st December, 2019 based on
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which Shruti Goradia claimed succession rights. He

submitted that, even if someone prepares document in the

form of letter like in the present case, however, if there is

no wrongful gain or wrongful loss, it will elude the offence

of forgery.   In support of this submission, Mr. Ponda,

learned Senior Counsel has relied on the judgment of the

Apex Court in the case of Jibrial Diwan Vs. State of

Maharashtra, AIR 1997 SC 3424. According to Mr. Ponda,

assuming the applicant had forwarded the forged order to

Shruti, however, the material on record does not suggest

there was either wrongful gain to him, or any wrongful loss

to anyone and therefore applicant's act could not be

termed to have been done dishonestly.



5.        As to whether the applicant had intention of

causing "wrongful gain to one person" or "wrongful loss to

another person" and whether he had intent to defraud, is a

matter of evidence and therefore cannot be adjudged in

these proceedings.       The primary evaluation of the

complaint and the material on record, although indicates
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the applicant's complicity in the crime, but the fact remains

that the investigation in the case is over and the

chargesheet has been filed.                     Applicant has been

incarcerated since March, 2020 and the trial in the case

may not commence in the near future.                  Applicant has

permanent roots in the Society and as such his presence

of the trial can be secured by imposing conditions.



6.           In consideration of these facts, in my view, a

case is made out for enlarging the applicant on bail.

Hence, the following order :

                               ORDER

(i) The applicant arrested in Crime No. 45/2020 registered at Azad Maidan police Station, Mumbai shall be released on bail on executing P.R. bond for the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one or more sureties in the like sum.

(ii) The applicant shall report to the Investigating Officer twice a month i.e. first and fourth Monday between 11:00 to 1:00 p.m. till the charge is framed and co-operate in the investigation.

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(iii) The applicant shall furnish his permanent residential address and contact number to the Investigating Officer within a week of his release from jail.

(iv) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

7. The application is accordingly allowed and disposed off.

8. It is made clear that, observations made hereinabove, shall be construed as expression of opinion for the purpose of granting bail only and the same shall not, in any way, influence the trial in other proceedings.

Digitally signed by

NEETA NEETA SHAILESH (SANDEEP K. SHINDE, J.) SHAILESH SAWANT SAWANT Date:

2021.09.01 18:49:18 +0530