HARDIK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Shruti Pathak, learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent-State.

(2.) This application has been filed under section 439 of the Code of Criminal Procedure for bail in connection with the FIR being I-C.R. No. 90 of 2017 registered with 'B' Division Police Station, District : Junagadh for offences punishable under sections 406 , 420 , 120(B) , 465 , 467 , 468 , and 471 of the Indian Penal Code.

(3.) Mr. Nilesh Jani, learned advocate for the applicant, submitted that father of the present applicant was initially made the accused who expired on 23.11.2019 and thereafter, on 15.02.2020, present applicant had been arrested in this matter. The Police Inspector, R.B. Solanki, 'B' Division Police Station, Junagadh City filed report before the Chief Judicial Magistrate, Junagadh to include sections 465 , 467 , 468 , 471 and 120(B) of the Indian Penal Code in the matter on the ground that the form no.22, which are received from Sonalika company, were forged and false documents were used as genuine and conspiracy was hatched by the accused. Mr. Jani, also submitted that already Special Civil Suit No.53 of 2016 was filed and it was decreed on 11.11.2019 and order was made for recovery of amount of Rs.91,20,262/-. Thus, the amount as alleged in the complaint has been secured by way of decree. The complaint is with regard to the said amount. Mr. Jani, further submitted that after the death of the father, present applicant has been falsely implicated in the matter and the only allegation levelled against the present applicant, as per the report of the police, would be of fabricating form no.22, which is matter of evidence and required to be proved during the trial. It was, therefore, prayed that the present application may be allowed and the applicant may be released on regular bail.