RAMESHBHAI RANABHAI MAKVANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been filed under sec. 439 of the Code of Criminal Procedure for regular bail in connection with the complaint being FIR No. 11208044220794 registered with Pradyumannagar Police Station, Rajkot City for offences punishable under Sec. 406 , 420 465 , 467 , 468 , 471 and 120(B) of IPC.

(2.) Mr. B.B. Naik, learned Senior Advocate appearing for the applicant, submitted that the impugned FIR is a gross abuse and misuse of the process of law. The alleged transaction is said to have taken place way back on 22/10/2019, i.e. before a period of three years from the date of filing of the impugned FIR. No explanation whatsoever has been offered by the original complainant with respect to the said delay. He further submitted that in connection with the transaction dtd. 22/10/2019, the statement of the complainant herein was recorded on 11/9/2020 by the police officials of another police station being D.C.B. Police Station, Rajkot in connection with FIR No.11208055200264 registered with the said Police Station and filed by one Chamanbhai Chavda for the offences punishable u/s. 406, 420 and 114 of IPC wheraes, the impugned FIR has been registered with Pradyumnagar Police Station.

(3.) Learned APP Mr. Pandya vehemently opposed the bail application by submitting that incriminating material has been found against the applicant, which would prove his involvement in the alleged crime beyond reasonable doubt. He submitted that the applicant and other accused persons had projected themselves as the co-owners of the land in question and had thereby, duped the complainant. It was, accordingly, urged to rejected the application.