DAHYABHAI DEVUBHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties by video conferencing.

(2.) By way of the present application filed under Section 438 of the Code of Criminal Procedure, 1973, the applicants-accused have prayed for bail in connection with the FIR being C.R. No.11192011201021 of 2020 registered with Bopal Police Station, Ahmedabad (Rural), Dist.Ahmedabad for the offences punishable under Sections 406, 420 and 114 of the Indian Penal Code, 1860.

(3.) The case of the prosecution in brief is that land bearing Revenue Survey No.28/p, admeasuring 2-47-87 Hec.-Are-Sq.mtrs. (for short "the land in question"), situated at Village Dolatpara in the Sub-District Junagadh and in the registration District Junagadh was belonging to one Taraben Kakumal Rizvani, which was allotted by the District Collector to her vide order No.A/147 dated 12.12.1967. It is further alleged that after demise of Taraben, her straight-line legal heir sole daughter Bhagiben Rameshbhai Bhoneja had executed a registered agreement to sell in favour of (1) Jentilal Bhavanjibhai Sanandiya and (2) Jagjivanbhai Trikambhai Payani on 21.01.2010, which was duly registered before the Registrar under Sr. No.719. It is also alleged that pursuant to the aforesaid agreement to sell, Bhagiben executed a registered Power of Attorney in favour of (1) Bipinkumar Mansukhbhai Sanandiya and (2) Dahyabhai Devubhai Dabhi on the same day i.e. 21.01.2010, which was duly registered before the Registrar under Sr. No.718 dated 21.01.2010. It is alleged that in the above circumstances and the documents, there was an oral agreement of partnership arrived at between applicant No.1, (1) Jentilal Bhavanjibhai Sanandiya, (2) Jagjivanbhai Trikambhai Payani and (3) Bipinkumar Mansukhbhai Sanandiya and thereby the applicants acquire the partnership rights qua the land in question by way of agreement to sell and Power of Attorney.