LALJIBHAI JETHABHAI ATARA 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.11186009220029 of 2022 registered with Veraval Police Station, District Gir Somnath for the offences under Ss. 406 , 420 , 467 , 468 , 471 and 120B of the Indian Penal Code, 1860.

(3.) The brief facts of the case are as under:- [3.1] It is alleged in the F.I.R that the land bearing city survey No. 102 admeasuring 879-94 sq.meters. of village Prabhas Patan, Veraval, which is owned by Govardhan Bhuvan Sanatorium Prabhas Patan Trust. It is alleged that one Kiritkumar Navnitlal Kansara (accused No.1), who was the Power of Attorney Holder of the Original Owner sold the said property to the accused no.2, who in turn sold it to the present applicant on 1/2/2019. Both the sale deeds being No.663 and No. 664 were produced before the sub- registrar. It is a say of the complainant that aforesaid sale is on the basis of the forge document, since the original seller had no power to sell the land nor have they obtained any permission from the joint charity commissioner and therefore, the present F.I.R was filed.