LAWS(GJH)-2020-6-89

PANKAJBHAI GANDABHAI PATEL Vs. STATE OF GUJARAT

Decided On June 10, 2020
Pankajbhai Gandabhai Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973, the applicant original accused has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R No.I-11191013200227 dated 5.3.2020 before Krishnanagar Police Station, Ahmedabad City, District: Ahmedabad for the offences under Sections 406 and 420 of the Indian Penal Code and Sections 40, 42(A) and 42(D) of Money Landers Act.

(2.) Learned advocate for the applicant submits that the applicant had purchased the property on sale agreement and in the said agreement consideration is stated of Rs.27,90,000/-.The complainant had also executed Power of Attorney and declaration in favour of the applicant. The applicant had purchased the said property from the complainant and now there is compromise between the applicant and the complainant. He has submitted that there is a civil dispute between the parties. Thus, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence. Learned APP has contended that the investigation at an initial stage so present application for anticipatory bail is required to be rejected.