Mumbai, Mar 10 (UNI) Zaheera Sheikh, the prime witness in Best Bakery case of Gujarat, who was sentenced for one year by Supreme Court in a Contempt of Court on March eight, surrendered before a Special Court at Mazgaon in South Central Mumbai this evening.
Zaheera surrendered before Additional Sessions Judge Abhay Thipsay, who had presided over re-trial of the Best Bakery case and had convicted nine of the 17 accused on February 24.
The Apex court's verdict on March eight was a loud and clear signal to the witnesses in criminal cases that they can no longer get away by derailing a trial through falsehood.
A bench comprising Justice Arijit Pasayat and Justice H K Sema directed Zaheera to pay the fine within two months failing which she will have to undergo further imprisonmented one year.
All her assets including bank deposits shall remain attached for three months.
In Mumabi, Judge Thipsay, in his verdict, had also issued perjury notice to Zaheera Sheikh and her family members, who had retracted their statements during the re-trial.
Mr Thipsay stated, ''Why action should not be taken against you people for misguiding the court, which is returnable on March 20.''
The Apex court had also directed the Income Tax authorities to initiate proceedings, requiring Zaheera to explain the sources of acquisitions of various assets and expenses met by her during the period from January one, 2002, till March 8, 2006. Directing the Chief Income Tax Commissioner, Vadodara, to initiate the proceedings immediately, the Apex court also made it clear that it will be open to the tax authorities to direct continuation of attachment in accordance with law, if so advised.
''The Income Tax authorities shall also require BJP MLA Madhu Srivastava and (and his brother) Bhatu Srivastava to explain as to why the claim, as made in VCD, of paying money shall not be further inquired into and if anything tangible material comes to surface, appropriate action under the Income Tax Law shall be taken, notwithstanding the findings recorded by the inquiry officer that there is no acceptable material to show that they had paid the money,'' the court ordered.
The Trial Court had convicted- Rajubhai Dharminder Baria, Pankaj Gosai, Sanjay Thakker, Bahadursinh Chauhan, Jagdish Rajput, Dinesh Rajbhar, Shanabhai Bariya, Shailesh Tadvi and Suresh alias Lalo Vasava under section 302, 326, 143, 147, 324, 436, 395, 448, 449, 450. 451, 429 and 141 of Indian Penal code (IPC).
Under four heads of IPC 302, 326, 436 and 429, all the accused were sentenced to suffer life imprisonment, and on the remaining counts, they would undergo rigorous imprisonment for a maximum of ten years.
Judge Thipsay had also said in his order that accused persons will have to undergo life imprisonment after the completion of sentence in other counts (10 years). Each accused has to pay a fine of Rs 33,000 and, in default, undergo further sentence of one year.
Acquitted persons were Mahendra alias Nanu Jadhav, Harish Gosai, Yogesh Verma, Pratapsinh Solanki, Yasim Khokhar, Tulsi Tadvi, Kamlesh Tadvi and Ravi Ramaram Chauhan. While absconding accused were Jayantibhai Gohil, Ramesh Gohil, Mafat alias Mahesh Gohil and Harshad Solanki.
UNI
Zaheera surrendered before Additional Sessions Judge Abhay Thipsay, who had presided over re-trial of the Best Bakery case and had convicted nine of the 17 accused on February 24.
The Apex court's verdict on March eight was a loud and clear signal to the witnesses in criminal cases that they can no longer get away by derailing a trial through falsehood.
A bench comprising Justice Arijit Pasayat and Justice H K Sema directed Zaheera to pay the fine within two months failing which she will have to undergo further imprisonmented one year.
All her assets including bank deposits shall remain attached for three months.
In Mumabi, Judge Thipsay, in his verdict, had also issued perjury notice to Zaheera Sheikh and her family members, who had retracted their statements during the re-trial.
Mr Thipsay stated, ''Why action should not be taken against you people for misguiding the court, which is returnable on March 20.''
The Apex court had also directed the Income Tax authorities to initiate proceedings, requiring Zaheera to explain the sources of acquisitions of various assets and expenses met by her during the period from January one, 2002, till March 8, 2006. Directing the Chief Income Tax Commissioner, Vadodara, to initiate the proceedings immediately, the Apex court also made it clear that it will be open to the tax authorities to direct continuation of attachment in accordance with law, if so advised.
''The Income Tax authorities shall also require BJP MLA Madhu Srivastava and (and his brother) Bhatu Srivastava to explain as to why the claim, as made in VCD, of paying money shall not be further inquired into and if anything tangible material comes to surface, appropriate action under the Income Tax Law shall be taken, notwithstanding the findings recorded by the inquiry officer that there is no acceptable material to show that they had paid the money,'' the court ordered.
The Trial Court had convicted- Rajubhai Dharminder Baria, Pankaj Gosai, Sanjay Thakker, Bahadursinh Chauhan, Jagdish Rajput, Dinesh Rajbhar, Shanabhai Bariya, Shailesh Tadvi and Suresh alias Lalo Vasava under section 302, 326, 143, 147, 324, 436, 395, 448, 449, 450. 451, 429 and 141 of Indian Penal code (IPC).
Under four heads of IPC 302, 326, 436 and 429, all the accused were sentenced to suffer life imprisonment, and on the remaining counts, they would undergo rigorous imprisonment for a maximum of ten years.
Judge Thipsay had also said in his order that accused persons will have to undergo life imprisonment after the completion of sentence in other counts (10 years). Each accused has to pay a fine of Rs 33,000 and, in default, undergo further sentence of one year.
Acquitted persons were Mahendra alias Nanu Jadhav, Harish Gosai, Yogesh Verma, Pratapsinh Solanki, Yasim Khokhar, Tulsi Tadvi, Kamlesh Tadvi and Ravi Ramaram Chauhan. While absconding accused were Jayantibhai Gohil, Ramesh Gohil, Mafat alias Mahesh Gohil and Harshad Solanki.
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