NARESHBHAI JASUBHAI 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. No.11192064220023 of 2022 registered with Dholka Rural Police Station, Dist. Ahmedabad for the offences punishable under Ss. 465 , 467 , 468 , 471 and 114 of the Indian Penal Code.

(2.) As per the FIR registered by one Dineshbhai Ukabhai Zala, he is connected with business of real estate and he and the present applicant i.e. Nareshbhai Jasubhai Makwana belongs to the same community and are in the business of real estate. One land bearing Survey no. 196 admeasuring 80 Acre 93 Sq. Mtrs (70) Gunthas of Village: Saroda, Taluka: Dholka and District: Ahmedabad was available for sale and therefore, he had shown that land to the present accused person who agreed to purchase the aforesaid land by paying a consideration of Rs.26,00,000.00 and agreement to sale was executed by making payment of Rs.5,00,000.00. However, when the present applicant tried to sale the land to some other party, he realized that the aforesaid land would not fetch the price as expected by him and therefore, he requested the complainant to reduce the price of the land and therefore, the complainant and two other persons talked to the original land owner and the original land owner said that if the land which was earlier decided to be sold at a consideration of Rs.66,00,000.00. However, the sale deed was to be executed for a sum of Rs.26,00,000.00 which was to be reduced to Rs.51,00,000.00. However, the sale deed would be of Rs.26,00,000.00 only and after the aforesaid discussions, the agreement to sale was cancelled.

(3.) After some time, the complainant came to know that the land in question has been registered in name of the Nilaben who happens to be mother of the present applicant and registered sale deed was executed on 18/9/2020. As per the complaint, as the present applicant was also in real estate business, he obtained signatures of the complainant on blank paper and by using those signatures, he fabricated a false power of attorney and by using the aforesaid power of attorney, he got the registered the sale deed executed in the name of his mother - Nilaben.