KHUSHALBHAI RAMABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr.J.K.Shah, learned Additional Public Prosecutor, waives service of notice of RULE on behalf of the respondent State of Gujarat.

(2.) THIS application has been filed under Section 439 of the Code of Criminal Procedure, for grant of bail in connection with FIR, being C.R.No.I-2 of 2009, registered with Rander Police Station, for offences punishable under Sections 406,420, 463, 467,471,468, 120-B, and 114 of the Indian Penal Code.

(3.) THE application has been strongly resisted by Mr.J.K.Shah, learned Additional Public Prosecutor by submitting that there is sufficient material on record to indicate the involvement of the applicant in the commission of the alleged offences. It is submitted that there is prima-facie evidence that the applicant has hatched a conspiracy with other accused persons, which involves not only creation of false and fabricated documents but also withdrawal of large amounts of money from the Bank Accounts of the complainant. This is evident from the material on record in the shape of documents that indicate the existence of a deep-rooted conspiracy in order to deprive the complainant of her movable and immovable properties. It is further contended by the learned Additional Public Prosecutor that the charge has now been framed and the trial will not take long to conclude. Looking to the seriousness of the offences alleged against the applicant and the magnitude of the conspiracy, bail may not be granted to the applicant.