RAVI VISHWANATH KHANDELWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code for short), the applicants ?accused have prayed for anticipatory bail in connection with FIR being C.R. No. I - 362 of 2019 registered with Puna Police Station, Surat City for the offenses punishable under Sections 406 , 409 , 420 , 465 , 467 , 468 , 471 , 120B and 114 of the Indian Penal Code.

(2.) The gist of the FIR in question is that when the original accused No.1 i.e. Thakor Bhulabhai Patel was President of the trust, the applicants and other co ?accused, in connivance with each other, have sold out the property of the trust without obtaining prior permission of the Charity Commissioner and without the notice of the Trust by creating forged documents. It is further alleged that though the land of the trust was given to accused No.6 i.e. Satishchandra Dhirajlal Solanki on lease basis for a period of 9 years and though he was not the owner of the said land and he was merely a leaseholder, he sold some portion of the land of the trust to Bipinbhai Nathabhai Desai and Manishbhai Parasmal Jain, who in turn, sold the said land to Ashwin Vishwanath Khandelwal and Ravi Vishwanath Khandelwal. Thus, the persons named in the FIR, in connivance with each other, have committed the offence punishable under Sections 406 , 409 , 420 , 465 , 467 , 468 , 471 , 120B and 114 of the Indian Penal Code.

(3.) Heard learned Senior Advocate Mr. R.R.Marshall assisted by learned advocate Mr. Harsh K. Thakar for the applicants, learned APP Mr. L.B.Dabhi for the respondent ? State and learned advocate Mr. Sunit Shah assisted by learned advocate Mr. Pinakin M. Raval for the original first informant.