STATE OF GUJARAT Vs. RAMESHBHAI MULJIBHAI JADAV

JUDGEMENT

(1.) The applicant State has filed this application for cancellation of bail granted by the learned Additional Sessions Judge, Ahmedabad (Rural), in Criminal Misc. Application No.247 of 2010, vide order dated 15th March, 2010, in connection with C.R.No.I-223/2009 registered with Sarkhej Police Station for the offence punishable under Sections 406, 420, 465, 467, 468, 471 and 120-B of Indian Penal Code.

(2.) Heard Mr.H. L. Jani, learned APP appearing on behalf of the applicant State and Mr.S. V. Raju, learned senior advocate with Mr.A. B. Munshi, learned advocate appearing on behalf of the respondent.

(3.) Mr.H. L. Jani, learned APP appearing on behalf of the applicant State has vehemently argued that prima facie case is made out against the accused. It is contended that the order passed by the learned Judge is not proper in the eye of law and is contrary to the facts on the record of the case. It is contended that the the respondent having a knowledge regarding the power of attorney which is false and frivolous on the face of it, in spite of the fact that the accused relied upon this power of attorney of attorney on behalf of the complainant so that he having knowledge regarding false and frivolous power of attorney and even though he has already made false and frivolous sale transaction and he can be said to be conspirator in this conspiracy. It is contended that declaration was in the name of agriculturist wherein the accused made his signature and said document is sent to FSL for verification and still the report is awaited. It is contended that the names of the accused persons are mentioned in the FIR as well as specific role played by him in commission of offence is also clear and in that circumstances the learned Judge has not to exercise discretion of regular bail. It is also contended that the learned Judge has not considered the act of accused before enlarging him on regular bail and there is likelihood of tampering with the evidence by the accused and hence, the bail granted to the respondent accused is required to be cancelled.