BACHUBHAI NAGAJIBHAI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule on behalf of respondent State. By consent, Rule is fixed forthwith.

(2.) The applicants, by way of this application filed under Sec. 439 of the Code of Criminal Procedure, seek regular bail in connection with the FIR being C.R. No.11195010220348 of 2022 registered with Palanpur West Police Station, Dist. Banaskantha, for the offences punishable under Ss. 447 and 34 of the IPC and Ss.

(3.) and 4(3) of the Gujarat Land Grabbing (Prohibition) Act, 2020. 3. It is the submission of Mr. Vicky Mehta, learned counsel for the applicants that they are suffering confinement since 2/6/2022. Hence, further detention of the applicants is unwarranted. Mr. Mehta, learned advocate for the applicants submitted that the applicants are charged with Ss. 447 and 34 of IPC and Ss. 3 and 4(3) of The Gujarat Land Grabbing (Prohibition) Act, 2020. The date of offence is in between 15/9/2007 to 1/6/2022. In such circumstances, Mr. Mehta, learned advocate for the applicants submitted that, the applicants and their forefathers are residing at the place since last 70 years. They have obtained electric connection and other facilities from the Government. They have also applied for regularization of land before the Government. The land in question is allotted to the complainant and therefore, as such, it cannot be said that, the applicants have encroached upon the Government land. It is submitted that substantial investigation is over and therefore, when there are no chances of commencement of trial in near future, the applicants may be enlarged on bail.