SANNY AMBADAS MADAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule . Learned APP waives service of notice of Rule on behalf of respondent - State.

(2.) These applications have been filed under section 439 of the Code of Criminal Procedure for Regular Bail in connection with the FIR being I-C.R. No.11210015200088 of 2020 registered with DCB Police Station, Surat for offences punishable under sections 406, 420, 465, 467, 468, 471 and 120B of the Indian Penal Code, 1860.

(3.) The FIR is filed by Mr. Mukeshbhai Ranchhodbhai Patel against 7 accused alleging that the accused hatched criminal conspiracy and in furtherance of the conspiracy, accused Rajeshbhai Ravjibhai Karkar- accused applicant in Cr.MA No. 9463 of 2021 got executed a Power of Attorney (PoA) from the father of the complainant on 21.7.2020 and on the same day, father of the complainant executed Agreement to Sell in favour of Mr. Ravjibhai Kanubhai Radadiya and it is alleged that the Power of Attorney and the Agreement to Sell was executed influencing the father of the complainant for getting sanction of loan through Sanny Ambadas Madas- accused applicant in Cr.MA No. 9428 of 2021 and alleged that in concord with others, the Power of Attorney and Agreement to Sell was executed., Thereafter, on 21.8.2020 a Public Notice was issued for the sale of the land inviting objections from the public. The complainant, against that Public Notice, raised his objections and cautioned by way of three different Public Notices on 27.8.2020 in Daily Newspaper 'Gujarat Mitra'. It is alleged that inspite of that fact, Mr. Rajeshbhai Ravjibhai Karkar -accused applicant in Cr.MA No. 9463 of 2021, created a Sale-deed and made a false declaration of continuance of Power of Attorney and against that the complainant had given his objection before the Sub-Registrar Officer on the same day and on the next day, produced relevant documents and when the complainant, along with his father had gone to Sub-Registrar Office, it came to his knowledge that the accused had produced a false notarised affidavit with the fabricated signature and thumb impression of his father. It is alleged that the criminal act of the accused is in furtherance of grabbing their valuable property. It is alleged that the documents which are produced before the Sub-Registrar was under the pretext of getting the loan sanctioned on the said land while all the accused have deceived the father of the complainant and had fraudulently and dis-honestly induced him to deliver the land and for that purpose, false, forged and fraudulent documents were created.