MANISH AMBALAL PADMANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Hriday Buch with learned advocate Venugopal Patel for the petitioner, Mr.A.A.Zabuawala for the complainant and learned APP Mr.H.K.Patel for the respondent - State.

(2.) By way of the present petition under Sec. 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.131 of 2014 registered with Bhuj City 'A' Division Police Station, Kutch.

(3.) It is submitted by learned advocate Mr.Buch for the petitioner that the petitioner has purchased the land from original owner Dansukhbhai Limbani. It is submitted that Dansukh Limbani who was initially accused in this FIR has been protected by the Co-ordinate Bench in quashing petition and that protection is continued. It is submitted that during hearing of the quashing petition, the Co-ordinate Bench has called affidavit from Senior Officer of FSL. Mr. P.K.Vasava, Senior Officer of FSL has filed affidavit before the Co-ordinate Bench stating that signature of Dansukh Limbani on the power of attorney in favour of father of the complainant is false and fabricated and not matching with natural signature. He would further submit that entire case of complainant is based on power of attorney whereby complainant claimed that on the basis of power of attorney of late Vasudev Thakkar, Dansukh Limbani sold disputed property to the complainant and later on said property was sold to the present petitioner through registered sale deed by original owner - Dansukh Limbani. In view of chequered history, no prima facie case is made against the petitioner of forging documents and presenting them as genuine before the Court. It is submitted that Civil Suit was moved by the complainant before the concerned Court in the year 2015 and also moved application seeking interim relief. However, the concerned Court has not believed the case of the complainant and declined to grant interim relief. The petitioner has filed counter claim in the said suit and also moved interim application in counter claim, whereby the Court has passed order of status quo in favour of the petitioner. It is submitted FIR is pending since the year 2014. It is submitted that police has decided to join the petitioner as accused in recent past. The investigation which has commenced in the year 2014, yet it is not culminated into charge-sheet. It is submitted that petitioner is permanent resident of Kutch and he is having movable and immovable property and therefore, there is no flight-risk. It is also submitted that petitioner is ready and willing to co-operate in investigation. It is also submitted that the petitioner is having deep root in the society, having no antecedent and therefore, it is submitted to grant anticipatory bail to the petitioner.