PATEL JAYANTIBHAI AMBALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties.

(2.) By way of the present application under Sec. 438 of the Code of Criminal Procedure, 1973, the applicant-accused has prayed for bail in connection with the FIR being C.R.No.I-60 of 2008 registered with Langhanaj Police Station, District Mehsana for the offences under Ss. 420, 465, 468, 471 and 114 of the Indian Penal Code, 1860 (IPC) and under Ss. 12(1) of the Passport Act, 1967.

(3.) Learned advocate for the applicant has submitted that the applicant is innocent and wrongly roped in the alleged offence. It is submitted that the applicant had applied for American visa through an agent and agent had arranged everything to send him to America. It is submitted that firstly, the applicant went to Nairobi and then he reached America on 31.08.20021 and since then, he was in America and his agent had taken away his original passport and other documents. It is submitted that the applicant was not in India between 2001 to 2022 and, therefore, he was not aware about any passport, which was produced by his wife before the authority as that was also given by the agent, who had taken away original passport of the applicant. It is submitted that the applicant is 61 years of age and having no antecedents. It is submitted that the wife of the petitioner has cooperated and she has been acquitted in Criminal Case No.11114 of 2008 by the judgement and order dtd. 20/4/2022 passed by the Court of 7th Additional Senior Civil Judge and 7th Additional Chief Judicial Magistrate, Mehsana.