Gujarat HC rejects woman’s successive bail plea in land grabbing case over noncompliance to court order

Gujarat High Court has rejected the successive bail application of a woman who had misled the court by making false declaration in an alleged offence under a land grabbing case in Dahej taluka of Bharuch.

The high court earlier this year had granted bail to the accused on February 27, 2025, on the condition that she and her husband would vacate the house. However, this condition was not fulfilled, leading to cancellation of the regular bail.

Justice Vimal Vyas, while rejecting the bail plea of Shirin Banu Raysinghania, observed that there is a strong prima facie case against the applicant-accused and her husband. It further appears that with a view to get bail, a false declaration of handing over the possession of the house to the complainant, was made before the high court.

The court found applicants’ conduct as mens rea (the intention or knowledge of wrongdoing that constitutes part of a crime).  The court said the bail plea doesn’t deserve any consideration and hence was rejected. However, since the lady accused is pregnant, the court had permitted her to file for temporary bail before the trial court in accordance with law.

Earlier bail offences

The advocate appearing on behalf of the accused had admitted before the court that the applicant had not complied with the condition of vacating the disputed property within one week, when she was on regular bail.

Interestingly, when the court again asked the applicant accused whether she wanted to comply with the condition of the order as the same was incorporated based on her voluntary declaration.

In response to this, the applicant’s counsel submitted before the court that her client doesn’t want to comply with the directions issued by this court.

The court also inquired if the accused would comply with the conditions, if granted temporary bail. In reply to this, the applicant’s lawyer submitted that the accused is not ready to abide by the directions.

Advocate for the applicant argued that the land grabbing committee under collector, Bharuch, was of the opinion that the dispute was of civil nature relating to the tenant and landlord. 

The applicant and her husband had a statement that they are tenants of the house and had rented the property from the complainant on monthly rent of ₹3,000, by depositing the amount of ₹1 lakh. However when the court sought documentary proof or evidence about the same, the applicant couldn’t provide proof in this regard.

Bail rejections

As the accused didn’t comply with the direction of vacating the house, when she was released on regular bail earlier, the court on May 3, this year had allowed the plea of complainant of cancelling the bail of the accused and a non-bailable warrant was issued against her leading to her arrest.

Subsequently, the sessions court on June 6, 2025  rejected her bail plea. She then filed the plea before Gujarat High Court. The applicant has filed a quashing plea which is pending before this court.

Good deed costs him dear 

The accused and her husband Sahil Hussain Saiyed in December 2020 had approached complainant’s son Fazal Patel and told him that both of them are doctors. Since the sale deed process for their house was underway, they needed a house for 15 days.

On humanitarian grounds,  the complainant had provided the upper floor of the house to the applicant, however after which the accused didn’t vacate the house and complainant on July 22, 2023, filed a complaint before Collector Bharuch under Land Grabbing Act resulting in an FIR against the applicant.