SAHEDABANU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed praying for cancellation of bail granted in favour of respondent No.2 herein, vide order dtd. 3/9/2019 passed by the Sessions Judge, Panchmahal at Godhra in Criminal Misc. Application No.515 of 2019 in connection with an offence registered at C.R.No.I-15 of 2016 with Godhra Town 'A' Division Police Station, Panchmahal for the alleged offence punishable under Ss. 406 , 420 , 465 , 467 , 468 , 471 and 114 of the Indian Penal Code.

(2.) Heard Mr. Yogin Bhambhani, learned advocate for the applicant. He has submitted that respondent No.2 - accused has forged the power of attorney, said to have been given by the first informant, which is found to be incorrect and therefore, he should not have been enlarged on anticipatory bail. He has further submitted that, though he is not named in the FIR, he is the main culprit who is instrumental in creating forged document and selling of the land belonging to the first informant. Therefore, he has submitted that the order of anticipatory bail granted to respondent No.2 - accused be cancelled.

(3.) Mr. Hardik Soni, learned APP pointed out that, not only he is granted anticipatory bail but thereafter on conclusion of investigation, a supplementary charge-sheet has come to be filed against respondent No.2 - accused, which is registered as Criminal Case No.3040 of 2019. Therefore, he has submitted that an appropriate order be passed.