RANCHHODBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being I-CR No.11216024200717 of 2020 registered with Kalol City Police Station, Gandhinagar for offence under Ss. 119 , 380 , 406 , 409 , 477 , 384 , 457 , 120(B) , 201 and 114 of the Indian Penal Code.

(2.) At the outset, learned advocate for the applicant submitted that the previous application of the applicant was rejected on merits by this Court however, on account of subsequent development, the applicant has preferred present application. Learned advocate submitted that the co-accused Jerambhai Cheharbhai Rabari whose bail application was also rejected on merits by this Court alongwith the application of the present application had filed Special Leave to Appeal (Cri.) No.4726 of 2021 which came to be granted by an order dtd. 28/9/2021. It is also submitted that another co-accused namely Mahendrabhai Chhaganbhai Rawal was enlarged on regular bail by the Co-Ordinate Bench. It is submitted that another co-accused namely Saumil Prabodhchandra Patel had filed Special Criminal Application No.7929 of 2021. The said accused has been protected by this Court.

(3.) As against this, learned Additional Public Prosecutor has opposed the grant of the application stating that previous application has been rejected by a detailed order which was carried by the applicant before the Apex Court and the Apex Court has rejected the petition of the present application and thereby confirmed the order of this Court. It is submitted that the nature of offence is of serious nature where the allegation against the applicant is with regard to vanishing of the Court record which pertain to valuable land in which the applicant himself was interested. It is submitted that there are 10 other cases pertaining to valuable land where also the case papers of the Court have simply vanished wherein the applicant has role to play.