JAYANTILAL LALABHAI AMBARAMDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been preferred with prayer for cancellation of bail, which came to be granted by the In-charge 3rd Additional Sessions Judge, Gandhinagar on 13/6/2024 in Criminal Misc. Application No.836 of 2024 in connection to FIR No.11216009230231 of 2023 registered with Mansa Police Station for the offences punishable under Sec. 4(3) and 5(c) of the Gujarat land Grabbing (Prohibition) Act, 2020.

(2.) Ms. Trusha Patel, learned advocate for Advocate Mr. Tattvam K.Patel for the applicant submitted that it is an absolute case of land grabbing, in spite of that the learned judge without assigning any reasons has granted bail to the respondents no.2 to 4, and stated that the ground on which bail came to be granted is the general observation by the Court, while the Court has not delved into the facts of the case.

(3.) The order impugned shows that the learned Judge has considered the case as of civil nature. The facts of the case, as was urged is that the complainant had received share in the ancestral agricultural land bearing Survey Nos.1749 and 1766 situated at Lodara, which was effected by the revenue entry. The complainant had also received the ancestral land of Survey No.1787, the effect of which has been reflected in the revenue entry no.5687. The complainant has stated that he has purchased agricultural land being Survey No.1788 and after receiving of possession of the said land he had executed a deed, which has been entered in the revenue record no.6998. 3.1 It is the case of the complainant that though the agriculture land owned by him and his name has been mentioned in the revenue record in the form of 7/12 abstract, the accused have taken illegal possession of the said agriculture land and have received income from the seasonal crop. The case, as was urged by the complainant, that it was grabbing of the agriculture land.