HIRABHAI PAMABHAI SAGATHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application under Sec. 439 of the Code of Criminal Procedure, 1973 the applicant has prayed for regular bail in connection with offence punishable under Ss. 406 , 420 , 465 , 467 , 468 , 471 , 120(B) of Indian Penal Code a in pursuance to the FIR being CR NO. 11208044220794 of 2022 registered with Pradyuman Nagar Police Station, District: Rajkot (City).

(2.) As per FIR registered by one Mr. Pradipsinh Nikulsinh Sarvaiya he is engaged in to the business of land and he came into contact of one Mr. Dhirubhai Sagathiya who is known as D. K. through him he came to know that one land at village Ronki was available for sale. There after on 9/10/2019 at about 05.00 in the evening he received call from Mr. Dhirubhai Sagathiya and as he was called he went to see the land. There he found four persons including present applicant, who were introduced by Mr. Dhirubhai Sagathiya and Mr. Dhirubhai Sagathiya told him that land belongs to all those persons including present applicant. As they had purchased the land as partners, he has shown the agreement in respect of of land in the name of present applicant and inform to the complainant that the land is title clear land. There after the complainant agreed to purchase the aforesaid land by paying consideration of Rs.4,00,00,000.00(Rupees four crores only), however as per the juntry price of the land was Rs.18,00,000.00 (Rupees eighteen lakhs only) they agreed to execute the sale deed of Rs.18,00,000.00 (Rupees eighteen lakhs only). Thereafter complainant gave cheque of Rs.1,00,000.00 (Rupee one lakh only) to the present applicant and thereafter paid sum of Rs.50,00,000.00 (Rupees fifty laksh only) in cash to all those persons and thereafter present applicant in presence of 2 witnesses on 22/10/2019 executed notarized agreement to sale in favour of the complainant. After 15 days present complainant gave Rs.25,00,000.00 (Rupees twenty five lakhs only) to Mr. Jitendra Makwana and Bharat Muchchadiya in cash, and thereafter another Rs.25,00,000.00(Rupees twenty five lakhs only) paid to Mr. Ramesh Makwana in cash. In all present complainant paid total sum of Rs.1,01,00,000.00 (Rupees one crore one lakh only) to present applicant and other co-accused persons. However, thereafter he came to know that agreement shown in the name of present applicant was forged one and for that complaint was registered in Pradhyumannagar Police Station in the year 2020. As per the documents shown to the complainant present applicant was having 50 percent of share in land which he saught to purchase and though the land was never belong to the present applicant they projected as if the land belong to present applicant and pocketed sum of Rs.1,01,00,000.00 (Rupees one crore one lakh only) by executing false agreement to sale. Therefore, FIR was registered against present applicant and other co- accused persons.

(3.) Learned advocate Mr. Bhavin B. Thakkar submitted that other co- accused being co-accused NO 2 and 3 namely Mr. Jitendra Somabhai Makvana and Mr. Bharatbhai Danabhai Muchadiya are granted interim protection in quashing petition preferred by them being Criminal Miscellaneous Application No. 22061/2022 vide order dtd.: 7/2/2023 and therefore as the aforesaid two co-accused have been protected by co- ordinate bench present applicant who has already been arrested may be enlarged on bail.