SIMON JOSEPH CHRISTIAN WITHDRAWN) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present applications under Sec. 438 of the Code of Criminal Procedure, 1973, the applicants - accused have prayed for anticipatory bail in connection with the FIR being C. R. No. 11207025211207 of 2021, registered with Godhra 'A' Division Police Station, District: Panchmahals for the offences punishable under Ss. 406 , 420 , 465 , 467 , 468 , 471 and 114 of the Indian Penal Code, 1860 ( IPC ).

(2.) It may be noted that the Criminal Misc. Application No. 18021 of 2021 has already been withdrawn qua applicant No. 1 therein - Simon Joseph Christian and accordingly, disposed of qua him vide order dtd. 22/11/2021. Hence, qua rest, heard, learned advocate Mr. Vaibhav N. Sheth and learned APP Ms. Monali Bhatt for the respondent - State.

(3.) The learned advocate for the applicants has submitted that the applicants are apprehending arrest in connection with the aforesaid FIR. It is submitted that the learned Sessions Judge has rejected the applications filed by the present applicants for grant of anticipatory bail. The learned advocate for the applicants has submitted that the applicants are charged with the aforesaid offences, however, the ingredients of the said offences are not satisfied. It is submitted that as per the case of the prosecution, the applicants had produced the forged Minority Certificate, though not accorded such status to their school, to be precise, the applicants allegedly forged the certificate issued to Hill Memorial High School, Vadodara and presented to be of McCabe Memorial High School, Godhra, with a view to take undue personal advantage out of the same. The learned advocate for the applicants, referring to the documents at Annexures 'E' and 'F' (in Criminal Misc. Application No. 18021 of 2021) submitted that since 1993, the school viz. McCabe Memorial High School, Godhra was pursuing for getting the Minority Certificate from the concerned authority and accordingly, there was no need for them to commit such alleged forgery in 2020 in the documents which are of 1977 and 1999 respectively.