PRAFULBHAI MOHANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of Rule for and on behalf of Respondent-State.

(2.) By way of the present application, the applicant- original complainant seeks to quash and set aside the order dtd. 7/3/2020 passed by the learned 8th Additional Sessions Judge, Surat in Criminal Misc. Application No.1492 of 2020 granting regular bail to Respondent No.2 in connection with the FIR at Annexure-B registered with Sarthana Police Station, Dist. Surat for the offences punishable under Ss. 467, 468, 471, 447, 120(B) of the Indian Penal Code and prayed to cancel the regular bail granted to the Respondent No.2.

(3.) Learned advocate Mr. Manan Shah for the applicant-complainant submitted that though respondent no.2 and co-accused were having full knowledge that registered sale-deed in respect of subject property is executed in favour of applicant's wife on 3/3/2016, the co-accused deliberately did not join the applicant's wife or the applicant as party defendant in the said suit and the present respondent no.2 did not declare before the Court that the property is already sold by him in favour of the applicant's wife. Thus, it is clear that respondent no.2 in connivance with co-accused no.2 have not only created forged and fabricated agreement to sell but also used the same as genuine and on the basis of such forged document, has filed the suit for specific performance. He submitted that for such serious offences committed by the respondent No.2 and other co-accused, the learned Judge was not justified in exercising discretion under Sec. 439 of the Code in favour of the respondent No.2.