Supreme Court grants interim bail to filmmaker Vikram Bhatt’s wife in fraud case

The Supreme Court ordered the forthwith grant of interim bail to Shwetambari V. Bhatt, wife of film director Vikram Bhatt, in a fraud case registered by the Udaipur Police in Rajasthan based on a complaint filed by entrepreneur and IVF specialist Dr. Ajay Murdia, who had turned film producer.

Appearing before a Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi, senior advocate Mukul Rohatgi and Siddharth Dave submitted that criminal proceedings were initiated merely because the films, including a biopic on Mr. Murdia himself, “flopped”.

“They came to my residence in Mumbai and picked me up… You cannot put directors in jail because the films have flopped,” Mr. Rohatgi submitted. The Bhatt couple were arrested from Mumbai by the Rajasthan Police in December last year. Mr. Vikram Bhatt is also a petitioner before the Supreme Court.

Chief Justice Kant said it was “very unfortunate” that the director couple had not sought quashing of the case.

“Unfortunately, they (petitioners) have not sought quashing of the FIR. How has Rajasthan been chosen? Very unfortunate,” Chief Justice Kant asked.

Mr. Murdia’s counsel said his client was based in Rajasthan and the fraud involved about Rs. 44 crore.

“So, criminal proceedings will be used to recover your dues?” Justice Bagchi asked the counsel.

When Mr. Rohatgi repeated that two of the movies were on himself and they had flopped, the counsel said “if he (Murdia) can afford them, he could go on”. Mr. Rohatgi countered that directors should not be incarcerated if the movies did not work at the end.

The counsel submitted that Mr. Bhatt’s wife should not be given any leeway as “she was equally a part of the crime”.

“Are you confident a crime has been committed?” Justice Bagchi asked the lawyer.

The court impleaded Mr. Murdia in the case and issued notice to the State of Rajasthan. It scheduled the case for further hearing on February 18.