PRADEEP NIRANKARNATH SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 439 of the Code of Criminal Procedure, 1973 (' Cr.P.C .' for short), the present application is seeking his release on regular bail in connection with FIR being C.R.No.11201017230001 of 2023 registered with CID crime border zone police station, Dist.Kachchh-Bhuj (West) for offences punishable under Ss. 114 , 120B , 409 of Indian Penal Code.

(2.) As per the FIR lodged by one Bhagirathsinh Harpalsinh Zala, Mamlatdar, Gandhidham, Dist.Kachchh, on 4/3/2023 against the present applicant, the then Residence Collector, Bhuj and the then Town Planner, Bhuj, it is alleged that when the present applicant was serving as Collector, Bhuj between 2/5/2003 and 3/6/2006, during that period, the land bearing Survey No.30/2 admeasuring 2 Acres 16 Gunthas of village Chudva, Mouje: Chudva, Tal:Gandhidham, Dist.Kachchh having Khata No. 3838 was purchased by one Kirtikumar Chandhulal Thakkar through registered sale-deed No.585 dtd. 8/1/1998. When the said land was resurveyed by District Inspector Land Records, the original area of the said land, as per old survey no.81, was found to be 4 Acres and 4 Gunthas, however as per resurvey it was found to be 2 Acres 16 Gunthas which was less by 1 Acre 28 Gunthas of land. The area of 1 Acre 28 Gunthas of the said land was technical encroachment over the land.

(3.) Heard learned senior advocate Mr.Yogesh Lakhani with learned advocate Mr.R.J.Goswami and learned advocate Mr.H.B.Champavat for the applicant and learned advocate Mr.Mitesh Amin Public Prosecutor with learned Additional Public Prosecutor Mr.Dhawan Jaiswal for respondent State.