VISHNUBHAI MOTIBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Learned Additional Public Prosecutor waives service of notice of rule on behalf of the respondent-State.

(2.) Learned advocate for the applicant submits that there are same allegations against the accused nos.1 and 4 (the applicant) herein in the FIR. The transaction has been taken place in the Year 2019, whereas the FIR is filed in the Year 2020. It is a civil dispute which is given a colour of Criminal case. It is alleged that accused no.1 executed a forged Power of Attorney and again on the same land, the applicant herein executed a forged Power of Attorney. It is further submitted that the co-accused has been granted anticipatory bail by coordinate bench of this Court in Criminal Misc. Application No.8096 of 2020 vide order dated 06.07.2020. Learned advocate for the applicant on instructions also states that the applicant is ready and willing to abide by all the conditions including imposition of condition with regard to power of investigating agency to file an application before the competent Court for his remand. He has further submitted that upon filing such application by the investigating agency, the right of the applicant- accused to oppose such application on merits may be kept open. He submits that considering the nature of allegations, role attributed to the applicant, the applicant may be enlarged on anticipatory bail by imposing suitable conditions.

(3.) Learned Additional Public Prosecutor appearing on behalf of the respondent-State has opposed grant of anticipatory bail looking to the nature and gravity of the offence.