JATINKUMAR KANTIBHAI LALLUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both this applications are filed by the applicant - accused under Sec. 439 of the Code of Criminal Procedure, 1973 for enlarging the applicant on Regular Bail in connection with FIR being C. R. Nos. 11214020210094 of 2021 and 11214020210384 of 2021 registered with Kamrej Police Station, District: Surat (Rural) for the offences punishable under Ss. 420 , 120-B , 465 , 467 , 468 , and 471 of the Indian Penal Code, 1860 ( IPC ).

(2.) Heard learned advocate Mr. Vaibhav Sheth for the applicant, learned Additional Public Prosecutor Mr. Tirthraj Pandya for the respondent - State and learned advocate Ms. Kruti M. Shah for the original complainants. Submissions of the Parties:

(3.) The learned advocate for the applicant - accused has submitted that the applicant - accused is an innocent person and falsely implicated in the offence in question. It is submitted that in the present case, the applicant is charged with the aforesaid offences under the IPC , however, the ingredients of the said offences have not been satisfied. It is further submitted that the applicant and original complainants, are relatives i.e. father-son and husband-wife (divorced), and producing the affidavits dtd. 8/11/2022, duly sworn on a stamp paper of Rs.50.00 each by the applicant, it is submitted that the applicant has waived off all his rights over the property in question as per the terms of the affidavits and further, the applicant would cooperate in the documentation process also. Further, the applicant shall abide by the averments made in the affidavits.