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CR.MA/6728/2011 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6728 of 2011
=========================================================
ARPANBHAI
BALUBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
NACHIKET A DAVE for
Applicant(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 12/05/2011
ORAL ORDER
Rule.
Learned APP, Mr. R.C. Kodekar, waives service of notice of rule on
behalf of State.
By
this application under Section 438 of the Code of Criminal
Procedure, the accused-applicant has prayed for anticipatory bail in
connection with CR No. I-17/10 registered with Gandhinagar Police
Station, C.I.D. Crime, Ahmedabad, Rural for the offences punishable
under Sections 406, 420, 467, 468, 471 and 120B of Indian Penal
Code.
I
have heard learned Sr. Advocate, Mr. P.M. Thakkar with Mr.N.A. Dave
for the accused-applicant and learned APP, Mr. R.C. Kodekar for the
respondent-State. I have also heard Mr. R.J. Goswami, learned
advocate appearing on behalf of the first informant.
Case
of the prosecution as per the FIR filed by one Khodaji Javanji
Parmar against five accused persons including the present applicant
is that each of the accused persons, in collusion with each other
hatched a conspiracy to illegally grab the land of the first
informant bearing survey no. 925/1. If we go by the case of the
prosecution, a deal of the said land was finalized for sale
consideration of Rs. 30.00 lakhs at the rate of Rs. 8501 per sq.mt.
It is admitted that the sum of Rs. 20.00 lakhs was paid in cash and
balance amount was paid by way of cheque. In this regard, a kachcha
chitthi was also prepared. It is further alleged in the FIR that
thereafter, on stamp paper of Rs. 100/- a memorandum of
understanding was executed and revenue stamp which was pasted on the
kachcha chitthi is said to have been removed and pasted on the
memorandum of understanding. In this manner, it is alleged that
certain other parcels of land of the ownership of the first
informant are also said to have been agreed to be sold for total
sale consideration of Rs.13 crores and 51 lakhs.
Having
regard to the rival contentions of the respective counsel and having
considered the case of the prosecution and the allegations against
the accused-applicant, I am inclined to exercise my discretion in
favour of the accused-applicant considering the following aspects:
[a] Prima
facie it appears that the allegations are against accused no.1
having prepared forged documents and it appears that the case
against the present applicant is that he was in the company of the
original accused.
[b] Most
importantly, Special Civil Suit No. 326 of 2009 was filed on 28th
July, 2009 by the original accused
no.1 against the first informant for specific
performance based on the said alleged forged document.
[c] The
court is informed that written statement is also filed by the first
informant in the said suit alleging what is stated in the FIR. This
was way back in the year 2009 and after about one year, FIR is
lodged which is registered in 2010.
[d] The
accused is a local resident of Ahmedabad and is serving at local
company. He has roots in the society. The case is essentially based
on documentary evidence.
[e] One
of the co-accused has been released on anticipatory bail by the
Sessions Court having regard to his role.
In
this view of the matter, interest of justice would be served if
accused is ordered to be released on anticipatory bail subject to
certain terms and conditions.
In
this view of the matter, accused-applicant is ordered to be enlarged
on anticipatory bail in the event of his arrest in connection with
CR No. I-17/2010 registered with Gandhinagar Police Station, C.I.D.
Crime, Ahmedabad Rural. He shall be released on bail on furnishing
a bond of Rs.15,000/-(Rupees Fifteen Thousand Only) with one surety
of like amount on following conditions that he:
(A) shall
cooperate with the investigation and make himself available for
interrogation whenever required.
(B) shall
remain present before the IO at the concerned police station on 19th
May, 2011 between 9.00 a.m. to 2.00 p.m. and thereafter mark presence
on 2nd
and 4th
Saturday of every English calendar month at the concerned police
station.
(C) shall
not hamper the investigation in any manner nor shall directly or
indirectly make any inducement, threat or promise to any witness so
as to dissuade them from disclosing such facts to the Court or to any
Police Officer;
(D) shall
at the time of execution of bond, furnish the address to the
Investigating Officer and the Court concerned and shall not change
the residence till the final disposal of the case or till further
orders;
(E) will
not leave India without the permission of the Court and if is holding
a passport, shall surrender the same before the trial Court within a
week;
(F) It
would be open to the Investigating Officer to file an application for
remand, if he considers it just and proper and the concerned
Magistrate would decide it on merits.
It
would be open for the Investigating Agency to apply to the competent
Magistrate, for police remand of the applicant. The applicant shall
remain present before the learned Magistrate on the first date of
hearing on such application and on all subsequent occasion, as may
be directed by the learned Magistrate. This would be sufficient to
treat the accused in the judicial custody for the purpose of
entertaining application of the prosecution for police remand. This
is, however, without prejudice to the right of the accused to seek
stay against an order of remand, if ultimately granted, and the
power of the learned Magistrate to consider such a request in
accordance with law. It is clarified that the applicant, even if is
remanded to the police custody upon completion of such period of
police remand, shall be set free immediately, subject to other
conditions of this anticipatory bail order.
With
these directions, application is allowed. Rule is made absolute.
Direct service is permitted
(J.B.PARDIWALA,
J.)
pirzada/-
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