JITENDRAPURI BALDEVPURI GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with FIR being FIR No.11191045201990 of 2021 registered with Sola High Court Police Station, Ahmedabad City, for offences punishable under Sec. 406 , 420 , 465 , 467 , 468 , 471 , 120B and 506(1) of IPC.

(2.) Mr. I.H.Syed, learned senior advocate along with Mr. Salim M.Saiyed, learned advocate for the applicant submitted that, the content of the FIR itself suggests that it is a civil transaction. He submits that two agreements were executed between the complainant and Jitendrapuri Baldevpuri Goswami for the agricultural land and the applicant had ensured the title clearance of the land thereafter on completion of the Court litigation, as per the settled terms after the public notice, the sale deed would be executed. The profit ratio was 75% of the complainant and 25% of the applicant. He submits that by way of another agreement, Cheque No.049287 of 'The Progressive Mercantile Cooperative Bank Ltd., Memnagar Branch, Ahmedabad, dtd. 15/9/2018, is shown to be drawn and total amount of Rupees Three Crores and Fifty Lakhs is shown to be paid. The condition was with the understanding that the premium of the land was to be paid by the agriculturists and thereafter sale- deed would be executed. The ratio of the profit, as decided was 50%. He submits that the FIR has been lodged as a tool for recovery of money by using the police machinery. Mr. Syed submits that the Agreement was signed by the complainant with open eyes and it was clear that the land in question, at the relevant point of time was mutated in the favour of the State and it was mutually agreed that if the land was cleared, the complainant and the accused would have a profit sharing of 50% each. The agreement was more of a partnership. Civil Act ions has already been undertaken and therefore it is an admitted position that the agreement is in existence and the same shall be evaluated. He submits that the applicants are in jail for more than an year. It was, therefore, prayed that the present application may be allowed and the applicant herein may also be released on regular bail.

(3.) Learned advocate Mr. Sikander Saiyed for the complainant along with Mr. Pranav Trivedi, learned APP, states that Rs.3.50 Crores of complainant has been taken with the intention to cheat the complainant. It is submitted that from the very beginning the intention of the applicant was to cheat the complainant and to misappropriate the money. There are 9 cases against Jitendrapuri Baldevpuri Goswami and is a habitual offender and headstrong person. It was, therefore, prayed that no discretion be exercised in favour of the applicant.