JADIBEN BACHUJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application, under sec. 438 of the Code of Criminal Procedure, 1973, is filed by the applicants praying for grant of anticipatory bail in connection with the FIR being C. R. No. 11191015211247 of 2021, registered with Nikol Police Station, District: Ahmedabad City for the offences punishable under Ss. 294(b) , 506(2) and 114 of the Indian Penal Code, 1860 ( IPC ) and Ss. 4(1), 4(2), 4(3) and 5(c) of the Gujarat Land Grabbing (Prohibition) Act, 2020.

(2.) Heard learned advocate Mr. Vikram Thakor for the applicants and learned APP Ms. Jirga Jhaveri for the respondent - State as well as learned senior advocate Shri Yatin Oza with learned advocate Mr. Nisarg Trivedi for the original complainant.

(3.) The learned advocate for the applicants submitted that the applicants are apprehending arrest in connection with the aforesaid FIR. It is submitted that learned 2 nd Additional District and Sessions Judge, Ahmedabad (Rural) has rejected the application filed by the present applicants for grant of anticipatory bail. The learned advocate for the applicants has submitted that the applicants are charged with the aforesaid offences, however, in fact, no such offence has been committed by the applicants. He submitted that the civil dispute has been given a criminal colour. He submitted that the land in question is inherited by the applicants and is an ancestral property of the applicants and the applicants are in clear possession of the same. Further, so far as the construction of pakka houses made thereupon is concerned, they existed prior to the so-called sale deed with the complainant and are quite old. Further, as per the case of the complainant himself, he had purchased the land admeasuring 5945 sq. mtrs. by way of sale deed, out of total 10724 sq. mtrs. of survey No. 555, however, which part of the said survey number, is not clarified by such sale deed. Further, the sale deed was executed by the power of attorney of Keshaji Somaji and not by himself. Besides, Keshaji has died in the year 2013 and thereafter, the heirs of Keshaji has also filed a suit for cancellation of the said sale deed and for permanent injunction being Special Civil Suit No. 287 of 2016. Further, it is submitted that the possession of a part of land is with one Madhaji Mangaji, who has also filed Regular Civil Suit No. 187 of 2016. It is submitted that both these suits are pending before the competent civil Courts. It is further submitted that the land in question is the joint ancestral property and they are residing there for last more than 50 years. The learned advocate for the applicants has also produced the pedigree to substantiate his say. It is submitted that the applicants are protected by the coordinate Bench and have cooperated in the investigation. Accordingly, in the facts and circumstances of the case, it is urged that present application may kindly be allowed and the applicants may be granted anticipatory bail.