GAJERA HIMMATLAL RAVJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant-original accused no.1 has filed the present application under Sec. 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) for enlarging him on anticipatory bail in the event of his arrest in connection with FIR being C.R.No.I-11191011210095 of 2021 registered with DCB Police Station, Ahmedabad city.

(2.) The original first informant has filed FIR being C.R.No.I- 11191011210095 of 2021 registered with DCB police station, Ahmedabad city against the present applicant and others for the alleged offences punishable under Ss. 420 , 465 , 467 , 468 , 471 and 120B of the Indian Penal Code (' IPC ' for short). It is mainly alleged in the FIR that the accused, with a malafide intention to grab the lands, hatched conspiracy till 1/7/2019 and even after knowing that they were allotted block no.6 instead of block no.59 at the time of consolidation and variation scheme by the government in the year 1968, prepared different and forged power of attorney and banakhat and on the basis of the same, the lands of survey/block no.59/1 old survey number 73/1, 73/2, 75 and 76 of mouje village Hanspura, Ta.Asarva, Dist.Ahmedabad purchased by complainant by sale deed which is non-agricultural land, the applicant herein showed the land as agricultural land and by preparing false and forged sale deed in his name, produced the same in the office of sub- registrar Ahmedabd 13 as if it is a correct one and got the same registered. It is submitted that by doing so, the applicant has committed the offences as mentioned hereinabove under the provisions of the IPC .

(3.) Heard learned senior advocate Mr.Jal Unwala assisted by learned advocate Mr.Hardik Jani for the applicant, learned senior advocate Mr.N.D.Nanavaty assisted by learned advocate Mr.Vimal Purohit for original first informant and learned APP Mr.Raval for respondent-state.