STATE OF GUJARAT Vs. BANSI BABUBHAI GAJJAR

JUDGEMENT

(1.) THIS Criminal Misc. Application under the provisions of Section 439(2) read with Section 482 of the Code of Criminal Procedure has been filed for cancellation of anticipatory bail granted to the respodnent-accused vide order below Exh. 9 dated 27.04.2011 passed by the learend 3rd Additional Sessions Judge, Jamanagar in Criminal Misc. Application No. 212 of 2011 whereby the respondent-accused was granted anticipatory bail in connection with the offence registered before the Jamnagar City A Division Police Station, Jamnagar being I-C.R. No. 55 of 2011 for the offence punishable under Sections 447, 465, 467, 471 and 506(2) of the Indian Penal Code.

(2.) THE facts leading to the filing of the complaint is that the present complainant who was residing at Indiranagar Road, Jamnagar had purchased the plot No. 93-94 paiki bearing Revenue Survey No. 1351 by way of sale-deed. THE respondent-accused along with other co-accused whose name are mentioned in the F.I.R had illegally entered in to the said plot and started construction of work of plinth level. As the complainant tried to prevent them to do so, the accused had administered threat of killing him by saying that they have purchased the said plot. On inquiry, it was found by the complainant that both the plots were sold by way of bogus sale-deed by using the same as if they are true, correct and genuine documents. 2.1 Upon F.I.R being filed, on apprehension of their arrest, the accused had preferred anticipatory bail application being Criminal Misc. Application No. 212 of 2011 before the learned 3rd Additional Sessions Judge, Jamnagar. After hearing both the parties, the learned Judge granted the anticipatory bail to the respondent-accused vide order dated 27.04.2011 below Exh. 9 in Criminal Misc. Application No. 212 of 2011.

(3.) LEARNED Additional Public Prosecutor further submitted that present respondent-accused with the other main accused persons illegally entered into plot of complainant and thereby tried to make out construction by way of showing them as purchaser by creating forged and bogus documents of agreement to sell. The role of the present accused persons is of creating forged and bogus documents as if they are true, correct and genuine. Hence, the offence alleged against the accused is of serious nature and their interrogation is required to be made.