FAZALE ABBAS ONALI KHOJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present application under Sec. 438 of the code of Criminal Procedure, 1973, the applicant-accused has prayed for anticipatory bail in connection with the FIR being C.R. No.11205042220474 of 2022 dtd. 3/6/2022 registered with Bhuj City 'A' Division Police Station, District : Kachchha for the offence punishable under Ss. 465 , 467 , 471 , 472 , 427 and 452 of Indian Penal Code.

(2.) As per the FIR, the applicant is a member of Federation of Kachchha Khoja Shiya Isna Ashri Jamat Wakf No.776 and he is a prohibited person as per Ss. 32 to 35 of Constitution of the Trustee. As he is removed or suspended trusty and therefore as per Sec. 64(8) of Wakf Act, he cannot become a trustee of the Wakf for next five years. The present applicant despite the stay by the Wakf Tribunal entered into Boys Hostel, Bhuj and broke open the lock of the office of the Federation and put his own lock, Cause damage to the property to the tune of Rs.5000.00 and prepared a fake letter pad and seal of the trust and thereafter, on that letter pad, he signed it and prepared a fake inward and outward register and a fake minutes book and made an application for change of signature of the Federation in the Bank of India and Union Bank and thereby, used the fake documents as genuine and that is how the complaint was registered.

(3.) I have heard learned advocate Mr. Hriday Buch with learned advocate Mr. Kuldeep D. Vaidya appearing for the applicant, learned Additional Public Prosecutor Ms. Maithili D. Mehta appearing for the respondent - State and learned advocate Mr. Ankit Shah appearing for the original complainant.