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R/CR.MA/7692/2011
ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No 7692 of 2011
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SANKARSINH
AJITSINH THAKOR (CHAUHAN)....Applicant(s)
Versus
STATE
OF GUJARAT....Respondent(s)
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Appearance:
MR
BP JHALA as ADVOCATE for the Applicant(s) No. 1
MR
JK SHAH, ADDL. PUBLIC PROSECUTOR for the RESPONDENT(s) No. 1
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CORAM:
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 08/06/2011
ORAL
ORDER
1. Rule.
Learned APP, Mr. J. K. Shah, waives service of notice of rule on
behalf of State.
2. This
is an application under Section 439 of Criminal Procedure Code
praying for regular bail in connection with offence registered with
Bopal Police Station, Ahmedabad (Rural) vide C.R.No.I-35 of 2011 for
the offences punishable under 406, 420, 465, 467, 468, 471, 120B and
114 of the Indian Penal Code.
3. It
is the case of the prosecution that accused applicant herein forged
the signature of first informant’s father and prepared power of
attorney dated 28.03.2008. On the strength of bogus Power of Attorney
prepared by accused applicant, he executed registered sale deed
bearing number 12694 in favour of Sudarshan Gupta. On 04.03.2010,
Sudarshan issued public advertisement for the purpose of title
clearance for the above land and at that time first informant learnt
that his property has been transferred illegally.
4. Having
heard learned Advocate Mr.Buch appearing with Mr.Jhala for the
applicant and learned APP, I am persuaded to exercise discretion in
favour of the applicants taking into consideration following aspects
:-
(i) It
is brought to my notice that registered sale deed bearing number
12694 which was executed by present applicant on the strength of
bogus power of attorney has been cancelled.
(ii) Land
in question has gone back to first informant and he is in possession
of the same.
(iii) Offences
are magistrate triable offence.
(iv) Investigation
is over and charge sheet has been filed.
(v) Entire
case is based on documentary evidence.
(vi) In
view of the fact that entire transaction has been set at naught by
cancelling sale deed and now possession of first informant is free
from all encumbrances, applicant accused can be released on bail
subject to certain terms and conditions.
5. In
this view of the matter, accused-applicant is ordered to be enlarged
on regular bail in connection with offence registered with Bopal
Police Station, Ahmedabad (Rural) being C.R.No.I-35 of 2011 on
executing a bond in the sum of Rs.15,000/- (Rupees fifteen thousand
only) with one surety of the like amount to the satisfaction of the
lower Court and subject to the conditions that he shall :
a)
not take undue advantage of his liberty or misuse his liberty;
b)
not act in a manner injurious to the interest of the prosecution;
c)
surrender passport, if any, to the lower court within a week;
d)
not leave the State of Gujarat without prior permission of the
Sessions Judge concerned;
e)
mark presence at the concerned police station once in a month
between 10.00 a.m. and 3.00 p.m.;
f)
furnish present address of his residence to the I.O. and also to
the Court at the time of execution of the bond and shall not change
the residence without prior permission of this Court;
g) The
Authorities will release the applicant only if not required in
connection with any other offence for the time being.
6. If
breach of any of the above conditions is committed, the Sessions
Judge concerned will be free to issue warrant or take appropriate
action in the matter.
7. Bail
bond to be executed before the lower court having jurisdiction to try
the case.
8. It
goes without saying that any observations touching the merits of the
case are purely for the purpose of deciding
the question of grant of bail and shall not be construed as
an expression of the final opinion in the main matter.
9. Rule
is made absolute to the aforesaid extent. Direct service is
permitted.
(J.B.PARDIWALA,
J.)
satish
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