RAMESHBHAI BHULABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Ms.Jirga Jhaveri, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent No.1.

(2.) BY way of the present application under Section 439(2) read with Section 482 of the Code of Criminal Procedure, 1973, the petitioner herein original complainant has challenged the order dated 28/06/2012 passed by learned Second Additional Sessions Judge, Surat in Criminal Misc.Application No.1666 of 2012, by which, learned Second Additional Sessions Judge, Surat has exercised his powers u/s.439(1) of the Code of Criminal Procedure and has released the respondent No.2 herein original accused on regular bail during the pendency of the trial in connection with an offence registered with Puna Police Station being C.R.No.I-105 of 2012, for the offences punishable under Sections 420, 465, 467, 468, 471, 120(B) and 114 of the Indian Penal Code.

(3.) PURSUANT to the complaint lodged by the petitioner, the respondent No.2 herein and other accused came to be arrested by the police. Respondent No.2 herein original accused filed Criminal Misc. Application No.1666 of 2012 in the Court of learned Second Additional Sessions Judge, Surat for releasing him on regular bail denying the allegations made by the complainant against him. It was contended that the disputed power of attorney dated 07/05/1997 is the creation of the said Mangilal Modaji and is not a party of so called power of attorney. It was contended by the respondent No.2 herein original accused that he has purchased the godown on 24/12/1997 from Mangilal Modaji but before his purchase, such 17 persons have purchased different godowns from Mangilal Modaji, relying upon the said power of attorney dated 07/05/1997.