MALJIBHAI HARIBHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under section 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being FIR No. 11200010210442 registered with Valsad Police Station for offences punishable under Sections 465, 468, 471 and 114 of the Indian Penal Code.

(2.) Mr. Vaidhya, learned advocate for the applicant, submitted that the present applicant is an advocate by profession, who had appointed another advocate, Mr. Y.U. Malek, to represent a matter before the Gujarat Revenue Tribunal. It is urged that said Mr. Y.U. Malek gave the order of the Tribunal in a sealed cover to the present applicant, who, in turn, gave it to another person for the same to be produced before the Court of Mamlatdar, Valsad. He urged that the present applicant had no knowledge of forgery, as the order was given to him in a sealed cover. He again urged that the role of the present applicant is limited to appointing Mr. Y.U. Malek as an advocate to represent the matter before the Tribunal. It was, therefore, prayed that the present application may be allowed and the applicant herein may be released on regular bail.

(3.) Mr. Pranav Trivedi, learned Additional Public Prosecutor, submitted that the present applicant had, all throughout, knowledge of forgery having been done by Mr. Y.U. Malek, and therefore, it cannot be said that he had no prior knowledge. It was, therefore, prayed that no discretion may be exercised in favour of the applicant.