STATE OF GUJARAT Vs. NALINBHAI CHIMANLAL MAKWANA

JUDGEMENT

(1.) RULE. Mr. Feroz H. Pathan, learned Advocate waives service of notice of Rule on behalf of the respondent.

(2.) BEING aggrieved and dissatisfied with the order passed below Exh.8 dated 31.5.2011 passed by the learned Sessions Judge, Ahmedabad (Rural) in Criminal Misc. Application No.864 of 2011 whereby the respondent-accused was granted anticipatory bail in connection with offences punishable under sections 406, 420, 467, 468, 471 and 120-B of the Indian Penal Code, the applicant-State of Gujarat has filed this Misc. Criminal Application for cancellation of the anticipatory bail granted to the respondent-accused under Section 439 (2) of the Code of Criminal Procedure, 1973..

(3.) LEARNED Additional Public Prosecutor Mr. M.G. Nanavati has submitted that the present respondent-accused in connivance with the other accused persons have hatched a conspiracy and sold the valuable land of the original owner by way of creating false and bogus documents i.e. the election card and the role of the present accused person was that he had obtained the photograph of Hinaben and by showing her as Pritiben and thereby helped the main accused person to sell the land by using forged and bogus election card as if they were true, correct and genuine. Name of the respondent-accused revealed in the FIR from the beginning and, therefore, it cannot be believed that the present respondent has been falsely implicated in the offence in question. He has, then submitted that one of the charges is in relation to offence under Section 120-B of the IPC and in that case the collective involvement of the present respondent in the commission of the crime ought to have been looked into. He has, lastly submitted that the learned Trial Judge has passed the order below Exh.8 without properly appreciating the facts on record by the prosecution, Investigating Agency and without considering the papers of the investigation and, therefore, the said order is required to be rejected.