LAXAMANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Pranav Trivedi, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent-State.

(2.) This application has been preferred under section 438 of the Code of Criminal Procedure seeking anticipatory bail in connection with the first information report being C.R. No.I-13 of 2015 registered with Radhanpur Police Station, District Patan for the offences punishable under sections 406 , 420 , 465 , 467 , 468 , 471 , 474 and 120B of IPC.

(3.) Learned advocate for the applicant submitted that the applicant is the bona fide purchaser of the property in question as he had purchased the same from one Thakor Lagdhirbhai Revabhai by way of a registered sale deed dated 30.09.1995. The said property was purchased by Thakor Lagdhirbhai Revabhai from the father of the original complainant by way of a registered sale deed dated 08.11.1974. It was submitted that before filing the impugned complaint, the original complainant had filed CTS Appeal No.5 of 2014 before the revenue authority, which was rejected. Thereafter, the complainant preferred a suit being Regular Civil Suit No.10 of 2016 for possession of the property in question, which is pending. The injunction application filed in the said suit has been rejected. It was further submitted that the death certificate cannot be considered a fraud since the possibility could not be ruled out that the date of birth must have been recorded on account of a bona fide mistake, which would be a question of fact to be proved during the trial. It was, therefore, prayed that discretion may be granted in favour of the applicant.